Minor in Possession/Consumption of Alcohol

In the United States, the minimum legal drinking age is 21. Despite laws that criminalize the possession of alcohol by a minor, it is still somewhat of a rite of passage for high schoolers and college students to drink alcohol before they reach the age of 21. In Arizona, this can lead to a minor in possession of alcohol charge.

A minor in possession charge can be brought anytime that a person under the age of 21 consumes or possesses alcohol in Arizona – even if the bottle isn’t open. It is classified as a class 1 misdemeanor, punishable by jail time, probation, and steep fines. If your child has been charged with a minor in possession offense, our Phoenix alcohol crimes attorneys can help you get the best possible outcome for the charges against you.

Matt Lopez Law represents adults and teens alike who have been charged with a host of crimes, ranging from serious offenses like sexual assault to traffic violations. We offer free initial consultations so that you can make a more informed decision about how to move forward with your case. Reach out to our law firm today to schedule an appointment with a Maricopa County criminal defense attorney.

What Is a Minor in Possession Charge?

In Arizona, it is illegal for a person under the age of 21 to “buy, receive, have in the person’s possession or consume spirituous liquor.”  For the purposes of this law, it is irrelevant whether the alcohol was in an open or sealed container. Whether a minor was holding an open can of beer when they were arrested or were found with a sealed bottle of wine in their bag, they can still be charged with a crime.

Similarly, law enforcement can charge minors in possession for either consuming or possessing alcohol. Even if you never took a drink of alcohol, you might still be facing this charge if you are caught with alcohol on your person.

In Arizona, there are two theories of possession – actual and constructive. Actual possession occurs when you have direct physical control over alcohol (such as a beer in your hand). Constructive possession is when you knowingly exercise domain or control over the alcohol, even if it isn’t in your actual possession. For example, if you have a bottle of tequila stashed in your apartment, you could potentially be charged with minor in possession.

There are some limited exceptions to the minor in possession law. Specifically, there is an exemption for minors using alcohol for medicinal and/or religious purposes (such as taking a sip of communion wine). As long as the use or possession of alcohol does not endanger the health or safety of the public, these exceptions may be a defense to a minor in possession charge in more unusual cases.

Minor in possession is a class 1 misdemeanor. It is punishable by up to 180 days in jail, 3 years of probation, and as much as $4,575 in fines and fees. In addition to potential jail time, if you are under 18 years of age, a conviction for a minor in possession can also result in a driver’s license suspension for 180 days.

In many cases, a Phoenix criminal defense lawyer can negotiate a more favorable plea deal for a first or second minor in possession offense. This may result in a much lighter sentence of probation, alcohol treatment, fines, and/or community service.

Under new Arizona expungement laws, it is potentially possible to have a minor in possession charge sealed. Keep in mind that sealing isn’t the same as expungement – and your criminal record will still be accessible to law enforcement agencies and certain licensing agencies. It also takes time and a formal legal petition to have your record sealed. Your best option is to vigorously defend against the charges with the help of our law firm.

My Child Was Charged With Minor In Consumption Of Alcohol – Now What?

You get the call that your child has been charged with minor in consumption of alcohol. Do you shrug it off, pay the fine, and give him or her a lecture? Not if you’re a wise parent who wants to protect your child’s future. A minor in consumption (MIC) charge can have long-reaching effects on the future opportunities of your child.

It is important to remember that a MIC charge is criminal in nature. If your child is convicted or pleads guilty to this offense, they will have a criminal record. This can follow them in life, making it more difficult to get a job or secure financial aid. Working with a Phoenix alcohol crimes attorney is the best way to protect them.

MIC Charges Can Erase Future Opportunities

Violations of the MIC laws in Arizona can lead to suspension, revocation, or denial of the minor’s driver’s license if stopped for driving under the influence. There are additional monetary and time-served sanctions that may be imposed as well. These immediate consequences can restrict your child’s ability to transport himself to their job, school, and other activities in which they are involved. 

However, it is the fact that a MIC charge could result in a misdemeanor conviction on your child’s criminal record that should cause the most concern. Having a MIC conviction on your child’s record could affect:

• Academic choices or acceptance
• Participation in collegiate sports
• Career options
• Financial opportunities

Matthew Lopez Law, PLLC, has worked with many Arizona families to fight MIC charges and protect their children’s future. A charge doesn’t always have to end in a conviction. We have helped many minors avoid the consequences of having a MIC misdemeanor charge on their record.

University And Community College Consequences For Underage Drinking

Aside from representing clients in court, we assist clients when their charge presents disciplinary issues with their school or financial aid. We represent clients throughout Arizona who are charged with Minor in Consumption of Alcohol, including students at Northern Arizona University, Arizona State University, the University of Arizona, and all of the state’s community colleges. We believe education should be our clients’ top priority and will use our experience to ensure our clients’ Minor in Consumption of Alcohol charge does not affect their schooling and future career opportunities.

Legal Representation Makes A Difference

A charge of MIC is a serious offense. Arizona has “zero tolerance” for violations in the area of underage consumption of alcohol. A conviction can result in monetary fines, potential suspension of their driver’s license, and even jail time in some cases. 

Many times, the MIC charge is one of several charges since alcohol consumption can lead to disorderly conduct, vandalism, or driving under the influence. Matthew Lopez Law has years of experience in handling MIC cases and the other charges that often accompany them. 

When it comes to driving under the influence of alcohol, adults can be charged with a DUI for having a blood-alcohol content of .08, but minors, up to the age of 21, can be charged with a DUI for having any alcohol in their system. If you’ve been charged with an underage DUI, contact us today.

Mr. Lopez’s expertise provides representation that is reassuring to the family and the minor facing this situation. We will work to get sanctions mitigated fairly, including those that may be imposed by institutions of higher learning, such as Arizona State University or the University of Arizona. You can count on Matthew Lopez Law to stand by your student as a strong, personal, and legal advocate, working to ensure that his or her educational and career objectives will be impacted as little as possible.

Proper legal representation can provide protection for your child’s present and future opportunities. If your son or daughter has been charged with minor in consumption, give us a call at Matthew Lopez Law. Schedule a free preliminary consultation. We will work for a favorable resolution to the charges. We understand how devastating these charges can be and we will give our full attention and resources to providing the best defense possible.

Law enforcement in Arizona is extremely hard on minors consuming alcohol. In Arizona, it is illegal to consume alcohol for anyone who is under the age of 21 and these individuals can be charged with MIC and face jail time, fines, license suspension, and more. Our law firm is often able to negotiate a more favorable outcome, which may include a reduction or dismissal of the charges or a more favorable plea agreement.

We urge you to contact the qualified and knowledgeable attorneys at Matthew Lopez Law to fight your MIC charge. Being convicted of an MIC can have serious consequences that could affect your future in many ways. It can impact your ability to apply and be accepted to certain universities, and can even eliminate potential career opportunities well into the future.

Schedule A Free Consultation Today

A minor in consumption charge isn’t just a youthful indiscretion. It is a criminal offense that can have lifelong consequences. Fortunately, you can fight back against these charges with the help of a seasoned Phoenix alcohol crimes defense lawyer.

If you or a loved one has been charged with minor in consumption of alcohol, contact Matthew Lopez by email to schedule a free consultation, or call 480-608-9998. Because a criminal conviction, even a misdemeanor, can have serious long-term consequences, we suggest that you always receive sound legal advice before making any decisions regarding your case. We offer a complimentary consultation – and are available 24/7 to talk to you regarding your case.