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1000 Twelve Oaks Center Drive, Suite 100, Wayzata, MN 55391
4301 Dupont Avenue South, Minneapolis, MN 55409
2150 3rd Ave. N., Suite 210, Anoka, MN 55303
3000 County Road 42 West, Suite 310, Burnsville, MN 55337
920 2nd Avenue South, Suite 975, Minneapolis, MN 55402
150 S 5th St, Suite 2860, Minneapolis, MN 55402
45 S 7th St, Suite 2610, Minneapolis, MN 55402
PO BOX 11600, Minneapolis, MN 55411
101 East Fifth Street, Suite 1500, St. Paul, MN 55101
900 IDS Center, 80 South 8th Street, Minneapolis, MN 55402
331 2nd Ave S, Suite 705, Minneapolis, MN 55401
3109 Hennepin Avenue S, Minneapolis, MN 55408
2136 Ford Pkwy, St. Paul, MN 55116
305 Fifth Avenue North, Suite 440, Minneapolis, MN 55401
3800 American Boulevard, Suite 1500, Bloomington, MN 55431
3459 Washington Dr, Suite 206, Eagan, MN 55122
Glen Oaks Center, 2E South Pine Drive, Circle Pines, MN 55014
220 South Sixth Street, Minneapolis, MN 55402
331 2nd Avenue South, Suite 705, Minneapolis, MN 55401
1208 Grand Avenue, 2nd Floor, St. Paul, MN 55105
100 North Buchanan Street, Suite 1, Cambridge, MN 55008
12800 Whitewater Dr, Suite 130, Minnetonka, MN 55343
663 University Avenue West, Suite 200, St. Paul, MN 55104
7101 York Ave S, Suite 262, Edina, MN 55435
370 Selby Avenue, Suite 207, St. Paul, MN 55102
Rogers Minor in Possession Information
Lead Counsel Verified Attorneys in Rogers
Lead Counsel independently verifies Minor In Possession attorneys in Rogers and checks their standing with Minnesota bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.
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How Do I Get a Minor in Possession?
Someone who is under the age of 21 can get a minor in possession (MIP) charge if they are found to be in possession of alcohol in public. In many cases, an MIP charge comes from being in the wrong place at the wrong time. Examples of how someone gets a minor in possession charge include:
- Driver is pulled over with an open container of alcohol in the vehicle
- Police bust a party where underage people are drinking alcohol
- College student is caught with a flask of alcohol
- Underage person used a fake ID to buy beer from a convenience store
In general, it is against the law for someone under the age of 21 to consume or be in possession of alcohol. It is also against the law for someone to furnish alcohol to a minor or buy alcohol for someone under 21. The term “minor” generally refers to someone who is under the age of 18 and not an adult. However, minor in possession laws can still target an adult who is 18 years old but is still not of age to buy alcohol.
Some police activity involves searching for and busting minors who have an alcoholic beverage. However, most cases involving an MIP charge occur when the police are responding for some other reason and encounter a minor with alcohol in their possession, including:
- Traffic stops
- Car accidents
- Noise complaints
- Shoplifting
- Crisis response
- Assault
- Harassment
How Bad Is a Minor in Possession?
A minor in possession charge can be an infraction or a misdemeanor. In many cases, an MIP is treated as an infraction with a fine. As a misdemeanor, an MIP charge could but rarely involves jail time. The possible penalties involved with a minor in possession charge include:
- Jail time
- Fines
- Alcohol education program
- Community service
- Probation
- Driver’s license suspension
Does a Minor in Possession Affect Car Insurance?
In general, an MIP charge will not affect your car insurance. However, if you are found in possession of alcohol while driving and charged with an underage DUI, it may increase your insurance rates. A DUI can stay on your driving record for years and could impact your insurance premiums. Some car insurance companies will drop coverage and no longer insure someone after a DUI.
There is generally a zero-tolerance policy towards underage drinking and driving. An adult with a blood alcohol level of 0.08% may be considered impaired. However, drivers under the age of 21 can get an underage DUI with only a trace amount of alcohol in their system. If an MIP involves an underage drunk driving charge, it can affect the driver’s car insurance rates.
Will a Minor in Possession Show Up on a Background Check?
A background check can show the individual’s prior criminal history, including arrests, convictions, active warrants, and infractions. Someone may have to undergo a background check for employment, housing application, professional licensing, or to become a Lyft or Uber driver. In general, a prior conviction for a minor in possession will show up on a background check.
Some criminal charges can be expunged or sealed. A public background check may not show criminal charges that were expunged or where the individual’s records are sealed. However, law enforcement and government agencies have greater access to an individual’s criminal history than the public. The court or police department may still be able to see a prior minor in possession charge.
How Do I Avoid an MIP?
In some cases, a person is accused of being a minor in possession because the police officers don’t have evidence of any other crime. When someone under the age of 21 is found in the presence of alcohol, it is easy for the police to charge them with an MIP charge. The penalties may be small but it still can carry a criminal record. Before just paying the fine or pleading guilty, talk to a criminal defense attorney for legal advice.
There may not be a lot of evidence for the prosecutor, which is why prosecutors generally try and get a plea bargain. There are several possible legal defenses to an MIP charge, including:
- Someone else was in possession of the alcohol
- The alcohol was in the possession of an adult
- There was an emergency defense for calling the police
- The police conducted an unlawful search in violation of the defendant’s Fourth Amendment rights
Do I Need a Lawyer for a Minor in Possession in Minnesota?
A minor in possession charge may not seem like a big deal but it can have long-term consequences. An MIP charge can show up on your criminal record. This may require you to declare the prior arrest and explain the situation. Even if it is not a major crime, it may not leave a good impression when you have to explain a prior criminal arrest. You may be able to avoid a criminal conviction with the help of an experienced criminal defense lawyer.