Minor In Possession
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In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a Minor in Possession or a MIP (also referred to as a Possession of Alcohol Under the Legal Age or PAULA), is any person under the
legal drinking age The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary between ...
of 21 who possesses or consumes alcohol. Underage consumption is illegal, typically a misdemeanor. In California, depending on the county in which the person is charged, the crime may also be charged as an
infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...
. Anyone under the age of 21 who possesses alcohol in the United States with the exception of special circumstances is violating the law of the state.


Punishments

Punishments for minors in possession vary by state. Since alcohol enforcement and the establishment of drinking ages is the responsibility of the individual states, only local and state agencies can legally write a minors in possession citation. As such, each state levies its own fines and punishments for a minors in possession. In some states, a simple first-time minors in possession without any other circumstances (such as driving or public intoxication) may only involve a fine of $100–200. Often fines are reduced or eliminated provided the person convicted completes a program such as alcohol education,
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
, or
community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...
. In some states, a fine is eliminated, supplemented or accompanied with a loss of the accused driver license for a period of time ranging from 30 days to 12 months. For example, violation of California's Business & Professions Code Section 25662, regarding persons under 21 in possession of alcohol, carries a punishment of $250 and a mandatory revocation of driving privileges for one year in accordance with Vehicle Code Section 13202.5. Some states, such as Virginia, allow social drinking with parental approval on private property. However, it is an affirmative defense to a charge of underage possession of alcohol, and a defendant would need to prove it was permissible. Subsequent offenses or a person with a preexisting criminal record may frequently receive a full fine, or in some extreme cases, several days in jail. In many cases a third MIP may result in a loss of the accused driver's license until the age of 21. In
Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...
, the statutes impose that: providing to and possession of alcohol by minors (persons under 21) is a gross misdemeanor with a potential of $5,000 and a year in jail. Washington State's law does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. Additionally, this RCW does not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed by the state, such as a bar or restaurant. Also, A person under the age of twenty-one years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (2)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.{{Cite web, url=https://apps.leg.wa.gov/rcw/default.aspx?cite=66.44.270, title=RCW 66.44.270: Furnishing liquor to minors—Possession, use—Penalties—Exhibition of effects—Exceptions., website=apps.leg.wa.gov


See also

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Alcohol consumption by youth in the United States Alcohol consumption by youth in the United States of America, also known as underage drinking, is an umbrella term for alcohol consumption by individuals under the age of 18 in the country. Although the minimum legal age to ''purchase'' alcohol is ...
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National Minimum Drinking Age Act The National Minimum Drinking Age Act of 1984 () was passed by the United States Congress and was later signed into law by President Ronald Reagan on July 17, 1984. The act would punish any state that allowed persons under 21 years to purchase a ...
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National Youth Rights Association The National Youth Rights Association (NYRA) is a youth-led Civil and political rights led by Margin Zheng & Ashawn Dabney-Small President & Vice-President of NYRA organization in the United States promoting youth rights, with approximately 10,0 ...


References

Alcohol law in the United States Legal drinking age