In Michigan, a first minor in possession (MIP) violation is generally a civil infraction with a fine, not a crime. A second or later violation is a misdemeanor. Many young people can resolve an MIP in a way that protects their record.
A minor in possession (MIP) charge applies to anyone under 21 who buys, possesses, consumes, or has alcohol in their body. Michigan softened the law in 2018, but an MIP can still affect school, sports, scholarships and future jobs, especially if it’s not the first one.
Penalties
| Charge | Classification | Maximum penalty |
|---|---|---|
| First violation | Civil infraction | Fine of $100; possible substance abuse education, screening or community service |
| Second violation | Misdemeanor | Fine up to $200; possible jail only if probation is violated |
| Third or later violation | Misdemeanor | Fine up to $500; possible jail only if probation is violated |
Penalties under Michigan’s minor in possession law as amended in 2018, summarized. Courts may also order screening, education or treatment.
Protecting a young person’s future
Depending on the circumstances, options may include deferrals, dismissals and, for some young adults charged with other offenses, the Holmes Youthful Trainee Act. Earlier MIP convictions may also be eligible to be set aside later.
If alcohol was involved in driving, the case is very different. Michigan’s “zero tolerance” law makes it illegal for drivers under 21 to drive with any meaningful amount of alcohol. See OWI charges.
Frequently asked questions
Is a first MIP a crime in Michigan?
No. Since 2018, a first minor in possession violation is generally a civil infraction, not a crime. Second and later violations are misdemeanors.
Will an MIP affect college or a job?
It can show up in records and can matter for some schools, scholarships, athletics and jobs, especially a second or later violation. Getting the case dismissed or kept off the public record is often the goal.
Can I refuse a preliminary breath test as a minor?
For minors, refusing a preliminary breath test can bring a civil infraction and fine. The rules are different from the chemical test after an OWI arrest. Talk to a lawyer about the specific situation.