Defending Against Minor in Possession Charge: Arizona Law

Investigative Article

What Happens When You Get a Minor in Possession Charge in Arizona?

It's a Friday night and you're at a local college bar, celebrating the end of your first semester. You've been handed a beer by a friend when all of a sudden you're confronted by a police officer, who accuses you of being a minor in possession of alcohol.

This scenario plays out countless times across Arizona every year, leaving many young people with a minor in possession (MIP) charge that can have long-lasting consequences. This investigative article looks at what happens when you get an MIP charge in Arizona, the penalties you could face, and how long it stays on your record.

What is a Minor in Possession Charge?

In Arizona, it is illegal for anyone under the age of 21 to buy, possess, or consume alcohol. If a police officer believes that you are under 21 and have alcohol in your possession, you could face an MIP charge.

It's important to note that you can still be charged with an MIP even if you're not drinking alcohol at the time. If you are caught holding a beer, for example, you could still be charged with an MIP.

What Are the Penalties?

Being convicted of an MIP charge in Arizona can have serious consequences. The penalties depend on a number of factors, including your age, any previous MIP charges, and whether or not you were driving at the time.

For a first offense MIP charge, you could face up to six months in jail, a fine of up to $2,500, and probation. You could also have your driver's license suspended for up to two years.

For a second offense MIP charge, the penalties increase. You could face up to six months in jail, a fine of up to $2,500, probation, and a driver's license suspension of up to two years.

How Long Does an MIP Stay on Your Record in Arizona?

One of the most concerning aspects of an MIP charge is how long it stays on your record. In Arizona, an MIP charge is a misdemeanor offense, which means it will stay on your criminal record unless it is expunged.

If you are convicted of an MIP charge, it will stay on your record for at least two years. If you are under 18 at the time of the offense, it will stay on your record until you turn 22. If you are 18 or older, it will stay on your record indefinitely unless you take steps to have it expunged.

Caught with a Fake ID at Your Local College Bar

Many young people try to use a fake ID to get into bars and buy alcohol. If you are caught with a fake ID in Arizona, the penalties can be severe.

If you are caught with a fake ID, you could face an MIP charge, as well as additional charges for possessing a fraudulent ID. You could also have your driver's license suspended for up to 12 months.

DUI and a Minor In Possession Charge

Being charged with an MIP and a DUI can be a double whammy for young people in Arizona. If you are under 21 and have any alcohol in your system while driving, you could face a DUI charge.

If you are charged with both an MIP and a DUI, the penalties could be severe. You could face fines, jail time, probation, and a license suspension. You could also be required to attend alcohol education classes and perform community service.

Defenses to a Minor in Possession Charge

If you are charged with an MIP in Arizona, there may be defenses available to you. It's important to consult with an experienced criminal defense attorney to discuss your options.

Some potential defenses to an MIP charge could include:

• The police officer did not have probable cause to believe you were under 21 and in possession of alcohol.
• The alcohol was not in your actual or constructive possession.
• The alcohol was for medical or religious purposes.

Free Consultation with an MIP Attorney in Arizona

If you or your child has been charged with an MIP in Arizona, it's crucial to consult with an experienced criminal defense attorney as soon as possible.

The team at Kolsrud Law Offices specializes in defending young people charged with MIPs and other criminal offenses in Arizona. Contact us today for a free consultation.

Defending Against a Minor in Possession Charge: Arizona Law-Minor, Arizona.

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