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CommentsJoe Knows: MIPs and MICs
Local attorney Joseph S. Passanise, who is writing a book called Busted: College Kids Have Rights, Too!, has agreed to answer some of our questions on topics that could affect our readers. This week: Those confusing MIP and MIC laws. Take it away, Joe.
Charges for Minor in Possession (MIP) and Minor in Possession by Consumption (MIC) are on the rise. They are both Class A misdemeanors and carry one day or up to one year in jail, and up to a $1,000 fine. Until a couple of years ago, MIP was defined as “a person under the age of 21 who purchases or attempts to purchase or has in his possession any intoxicating liquor.” You had to have the beer can in your hand. Now, MIC is prosecutable as a Minor in Possession if a person is visibly intoxicated, or has a blood-alcohol content level of .02 or more. This means that an officer can simply observe you and testify that you are visibly intoxicated. Officers apply the same standards as they do in DWI cases, which means sometimes they give field sobriety tests to determine impairment, or take an individual to a breath test machine and get a breath ticket that shows .02 or more.
Note: A portable breath test result does not count and are not admissible to show impairment or intoxication.
The City of Springfield has a mandatory ordinance that requires a conviction—along with a $500 dollar fine (plus costs)—for MIP. However, the process at City court does not result in you losing your driver’s license.
Under State law you can move to expunge one MIP conviction. You cannot expunge a MIP plea of guilty with a SIS. This means that you need to take a conviction for a MIP on your record so that you can expunge it; whereas if you get a SIS you cannot expunge the plea of guilty. After the expungement, the MIP never existed. With an SIS, you still will have to acknowledge the plea of guilty for the rest of your life, even though you did not receive a conviction. You should note that you cannot expunge a MIP until after your 22nd birthday. Also note that you cannot expunge a Municipal (city) MIP charge (read more online).
Lessons to be Learned: Be Smart!
1. Do not consume alcohol if you are under 21.
2. You can be arrested for MIP or MIC; the police can hold you up to 24 hours, or give you a ticket. It’s at their discretion.
3. Be respectful and polite to the officer, but you have the right to contact an attorney. You do not have to do the field sobriety tests or take the breath test. If you refuse a test on the MIP, the statute is currently unclear as to the sanction to be imposed. This will be the subject of more litigation later on.
4. Miranda does not apply to field sobriety testing for MIP cases.
5. If you’re in college, a university can legally discipline you for events not on school property.
6. Don’t let people under 21 drink on your property.
More Joe: Online Exclusive Content
Besides the recent addition of MIC, the Missouri Department of Revenue (DOR) can now take your driver’s license if you enter a plea of “guilty” to the MIP or MIC… whether it goes on your record or not. Even if you get a Suspended Imposition of Sentence (SIS) which keeps the MIP off your criminal conviction record, it is still a plea of guilty and the prosecutor may ask the judge to sign an order to take your driver’s license for 30 days. The above information only pertains to MIP and MIC charges in State court. The city of Springfield has a mandatory ordinance that requires a conviction—along with a $500 fine (plus costs)—for MIP. However, the process at City court does not result in you losing your driver’s license.
The City of Springfield has a mandatory ordinance that requires a conviction—along with a $500 dollar fine (plus costs)—for MIP. However, the process at City court does not result in you losing your driver’s license.
Supplying Liquor to a Minor
Supplying Liquor to a Minor is a Class B misdemeanor carrying one day to six months in jail and up to a $500 dollar fine. A second offense is a Class A misdemeanor and carries a one day to one year in jail and up to a $1000 dollar fine.
Supplying Liquor to Minors is often misinterpreted. Individuals sometimes think that they can only get a Supplying Liquor to Minor charge if they themselves are over the age of 21. This is not the case, as anyone can get a Supplying Liquor to Minor charge. Not only can they prosecute you for giving somebody alcohol, you can also get Supplying Liquor to a Minor if you simply knowingly allow a person under the age of 21 to drink or possess alcohol, or knowingly fail to stop a person under the age of 21 from drinking or possessing alcohol on your property. This means that if you allow people under the age of 21 to drink in your home or apartment, and they are under 21 and you know this, then you can be charged with Supplying Liquor to a Minor. The usual situation is someone brings alcohol to your house or others share alcohol in your home or apartment with someone under the age of 21. Technically, you are allowing it, which means you are supplying liquor to a minor.
The Lesson
Be careful if you allow people to come to your place to consume alcohol. Technically you should not be allowing anybody in your home or apartment to drink that is not over the age of 21.
