In 2005, Missouri revised, expanded, and enacted their “Minor in Possession” (MIP) law. If you are a minor under age 21 in Missouri and are given a MIP ticket, there are an array of consequences, the severity of which varies.
MIP is considered a class D misdemeanor that could include:
- A minor in possession of alcohol
- Attempting to purchase or actually purchased alcohol
- Appears to be visibly intoxicated
- Detectable blood alcohol concentration of more than 0.02
You can be given a ticket by the police for any of these offenses. It is important to note that for someone of legal age, alcohol related offenses occur if their blood alcohol concentration is 0.08. For an individual who is under age, the level is much lower at 0.02.
What Happens if I am Charged as a Minor in Possession of Alcohol in Kansas City, Missouri?
You must appear before a judge if you receive a MIP ticket. As a first time offender convicted of being a Minor in Possession of Alcohol, your driver’s license can get suspended for 30 days. Second time offenders will get their license suspended for 60 days. For individuals that have been convicted of MIP and it is their third or higher offense, their license can be suspended for an entire year. The attorneys at Cornerstone Law Firm can negotiate with the State to reduce your offense so that it is minor. In this case, you may only have to pay the fine and court costs. Additionally, the charges can be dismissed if the minor takes an alcohol education class or completes community services.
Punishment for MIP Charges in KCMO
All of these scenarios fall under the best case scenario as well as regular consequences. The maximum punishment for a first time conviction of Minor in Possession of Alcohol is a fine of $300. There is no jail time if it is your first offense. If you have a prior on your record, the maximum punishment is a fine of $1,000 and a year in jail. You can also get your driving license revoked.
In order to get your license reinstated after a suspension because of a MIP conviction, you must take the Substance Abuse Traffic Offender Program and pay a $45 reinstatement fee. If your license was revoked, you also complete the aforementioned actions as well as obtain SR-22 insurance for two years from the effective date of the MIP revocation, and retake the driving test.
If convicted, MIP stays on your criminal record unless an attorney is hired to help expunge it. Expungement can only occur if it was the first MIP offense and conviction and you have had a clean record since. This can occur after a period of not less than 1 year after the offense or when a minor reaches the age of 21, whichever occurs first. In order to achieve an expungement, a petition must be filed with the court and approved by a judge. Regardless, the conviction remains on your driving record 5 years after your license gets reinstated. This will not be removed from your driving record unless a written request is sent to the Missouri Department of Revenue asking for the conviction to be removed. If approved, only at that point will the MIP be gone from both records, allowing a clean slate moving forward.
The attorneys at Cornerstone Law Firm understand MIP laws in Kansas City and can help you with your case. Contact them at 816-307-0404.