Defending Against a Minor in Possession Charge: Arizona Law

Being charged with a minor in possession (MIP) can be a serious offense in the state of Arizona. MIP charges can have significant legal consequences and could result in long-term consequences for anyone charged with the offense. It is, therefore, essential to understand the charges, the potential penalties, and possible defenses to mount a successful defense.

What is a Minor in Possession Charge?

A minor in possession charge, as the name suggests, is a criminal charge that a person under the age of 21 has alcohol in their possession or has consumed alcohol. In Arizona, it is illegal for anyone under the age of 21 to purchase alcohol, possess alcohol, or present false identification to purchase alcohol. A minor in possession charge is a strict liability offense, which means that a person can be charged even if they did not intend to violate the law or were unaware that they were breaking the law.

What are the Penalties?

The consequences of a minor in possession conviction vary depending on the circumstances and the offender's prior record. In Arizona, a first-time offense is a class 1 misdemeanor, with penalties that could include up to six months in jail and fines of up to $2,500. The court could also order the suspension of the offender's driver's license. If a minor is caught with a blood alcohol concentration (BAC) of 0.08% or higher, they may also face a DUI charge. Subsequent offenses can result in more severe penalties, including lengthier jail sentences.

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

The length of time a minor in possession charge stays on the offender's record depends on the circumstances surrounding the charge and the sentence. In Arizona, an MIP conviction generally stays public record for life. However, Arizona allows for a set-aside, which removes the conviction from the public record. A set-aside is available for most first-time MIP offenses, and the offender meets the conditions of their sentence, like paying any fines or successfully completing probation set by the court.

Caught with a Fake ID at Your Local College Bar

If an MIP charge is the result of presenting false identification to obtain alcohol, a separate criminal charge may apply. In Arizona, it is illegal to present a fake ID or someone else's ID to purchase alcohol or enter a bar or club. According to Arizona law, using a fake ID to purchase alcohol is a class 1 misdemeanor, punishable by jail time, fines, and license suspension.

DUI and a Minor In Possession Charge

If a minor is caught driving with a blood alcohol concentration level of 0.08% or higher, they could face an MIP charge, a DUI charge, or both. DUI charges have harsher penalties than MIP charges, and an offender could face both. The penalties could include jail time, fines, license suspension, and mandatory substance abuse treatment.

Defenses to a Minor in Possession Charge

The specific defenses to a minor in possession charge vary depending on the circumstances surrounding the charge, but some broad defenses include challenging the legality of the search or seizure that led to the discovery of alcohol, proving that the alcohol did not belong to the accused, or showing that the accused's constitutional rights were violated during the arrest. In some cases, the court may also consider alternatives to jail time, such as community service or substance abuse counseling.

Free Consultation with an Arizona Criminal Defense Attorney

Being charged with a minor in possession offense can be a daunting task, especially if it is your first time being charged with a criminal offense. If you are facing an MIP charge in Arizona, it is essential to contact an experienced criminal defense attorney. A good attorney with experience in Arizona criminal law can help you understand your rights, evaluate the evidence against you, and help you mount a successful defense.

In conclusion, a minor in possession charge can have significant and long-lasting consequences. However, defenses are available, and an experienced criminal defense attorney can help to mount a successful defense. If you are facing a minor in possession charge in Arizona, contact Kolsrud Law Offices and schedule a free consultation today.