Under 21? Underage Drinking in Michigan

Underage drinking poses a prevalent social issue both in Michigan and across the United States. It is not uncommon for young individuals, driven by curiosity and peer pressure, to engage in alcohol experimentation during their teenage years. From parties in a parent's backyard or basement to college dorm rooms and campuses everywhere, this experimentation carries the risk of poor decision-making and legal consequences. Under Michigan’s Minor in Possession law, it is illegal for a person under 21 years of age to consume, possess, or purchase alcohol. A first-time violation is a civil infraction, with penalties including:

• A fine of up to $100;
• Mandatory participation in a substance abuse program;
• Community service; and
• Substance abuse screening and assessment at the defendant’s expense.

A second offense is a misdemeanor punishable by up to 30 days in jail and fines of up to $200, plus community service, mandatory participation in a substance abuse program, and substance abuse screenings.

The penalties for a third offense include up to 60 days in jail, a fine of up to $500, and rehabilitation, testing, and community service.

Exceptions to the Minor in Possession Law

Michigan recognizes a handful of exceptions to the Minor in Possession of Alcohol law, including:

• Employment. A minor may possess but not consume alcohol during regular working hours in the course of employment by a licensed establishment.
• Accredited postsecondary education. Minors may consume alcohol in an academic building under the supervision of a faculty member if the consumption is for educational purposes and is a requirement of the course.
• Religious services. Minors can consume sacramental wine in connection with a religious service or ceremony.

Understanding Actual versus Constructive Possession of Alcohol

Sometimes people are charged with violating Michingan’s Minor in Possession law when they are not in actual possession of alcohol. In these cases, it is important to understand the legal difference between actual and constructive possession.

Actual possession of alcohol is when police officers see a person who is under 21 with alcohol in their possession.

Constructive possession of alcohol occurs when a person knew the alcohol was present and had the ability to possess the alcohol.

Actual or constructive possession is enough to prove a violation of Michigan’s Minor in Possession law. But if the evidence is questionable or was obtained illegally, you may have a defense.

Using a Preliminary Breath Test to Prove Underage Drinking

Police often use a preliminary breath test to prove cases of underage drinking.

A police officer who reasonably believes a minor has consumed alcohol can order the minor to take a preliminary breath test. The test results can be used as evidence that the minor violated Michigan’s Minor in Possession law.

However, a suspect is not required to take a preliminary breath test, and the penalty for refusal is only a $100 fine. Refusing to take a preliminary breath test can reduce the likelihood of being convicted for Minor in Possession.

Defending Against Minor in Possession Charges in Ann Arbor, Michigan

Many high school and college students will face Minor in Possession charges. But few take the steps necessary to adequately protect themselves from the consequences of a conviction.

Innocent bystanders may be charged with Minor in Possession because they were in the wrong place at the wrong time. Other times, police officers force young people to admit to criminal wrongdoing through aggressive interrogation techniques, faulty tests, or questionable evidence.

A conviction for a Minor in Possession can negatively impact a young person’s future, including suspension or expulsion from school or being passed over for certain jobs.

If you have been charged with Minor in Possession in Michigan, Elmen Legal can help. Michigan underage drinking attorney Robert Elmen will answer your questions, and fight to help you obtain a positive result so your future will not be impacted by a criminal record.

Elmen Legal Fights Underage Drinking Charges

If you were charged with being a Minor in Possession of alcohol, contact Elmen Legal to protect yourself, your rights, and your future.

Ann Arbor Minor in Possession defense attorney Robert Elmen will carefully analyze the circumstances of your unique situation and mount a vigorous defense. He will answer your questions, help you understand your rights, and represent you in court.

Elmen Legal is conveniently located in Ann Arbor and proudly defends people against criminal charges throughout Michigan.

To learn more, contact Elmen Legal today by calling (734) 707-8915.