Minor in Possession

criminal law attorneyFor the purpose of being charged as a minor in possession (MIP), Georgia defines a minor as any person who is under twenty-one (21) years of age. It is important to realize that a person may be charged as a minor in possession even though the unlawful substance is not on their person, and the substance was not intended for their personal use and consumption. Furthermore, the legal limits of alcohol for adults in not applicable to minors when driving (See the DUI section). Examples of situations where a minor can be charged with minor in possession, or MIP, include:

  1. The minor is driving a motor vehicle with the presence of any alcohol or drugs in their system.
  2. The minor is on private property and consuming or handling alcohol or drugs.
  3. The minor is merely present in a motor vehicle where unlawful substances are found.
  4. The minor is transporting alcohol (outside of a small list of exceptions) in their vehicle.
  5. The minor is at a social function and had no alcohol on their person, but the arresting officer found them to be impaired.
  6. The minor uses a fake I.D. to purchase alcohol.

In Georgia, a minor's driver's license will be suspended, regardless of whether they were operating a motor vehicle in an impaired state, and the minor can face fines and penalties, be required to perform community service, and even face jail time for a minor in possession conviction. Furthermore, a conviction of minor in possession may adversely impact a minor's ability to get accepted to college or get a job and may permanently blacken their record. Any MIP charge should not be taken lightly.

When a minor is charged with possession of alcohol, it can be an incredibly stressful experience with far-reaching consequences. If you would like discuss a minor in possession charge with a criminal defense attorney, please call our office at (770) 461-2025 in order to set up a consultation.

Our Locations Call 770-461-2025 for an in-office consultation at no charge to discuss your rights and legal options.