Can I Get an MIP Without Actual Possession?

Can I Get an MIP Without Actual Possession?

In the state of Missouri an individual can be given a citation for Minor in Possession of alcohol without actually possessing an alcoholic container. Missouri revised statute 311.325 – Purchase or Possession by Minor – makes it a misdemeanor for an individual under the age of 21 to possess an open or closed container that states there is intoxicating liquor therein.

However, what most people don’t know is that if a minor is in a “visibly intoxicated condition” he or she is deemed to have given consent to a chemical test or tests of that person’s breath, blood, saliva, or urine to determine if that person has been drinking alcohol. If, after a test has been administered, the minor has a blood alcohol content of .02 or higher he or she can be cited for “Minor in Possession by Consumption.” The penalty is no different than a minor being in actual possession, but is simply a different way for a police officer to determine grounds for issuing a citation.

While Missouri law does not provide the same 20 minute period provided in a DWI stop to contact an attorney, it is still a good idea to request the officer for time to do so before submitting to a test. Attorneys at Henderson & Waterkotte, P.C. are available 24/7 and offer free consultations. If you have been stopped for Minor in Possession or have been cited for MIP, call us today to discuss how we can protect your legal rights.