Minor In Possession (MIP) - Alcohol

Michigan law has decriminalized the 1st purchase, possession, and consumption of alcohol by minors, ages 20 and under, known as Minor In Possession (MIP)-Alcohol. It is a $100.00 civil infraction instead of a misdemeanor for a 1st offense. (Please note that the civil infraction for a 1st offense is abstracted to the Secretary of State (SOS), which means it will show up on the person’s driving record.)

A 2nd MIP is a misdemeanor, punishable by up to 30 days in jail, but only if the person was placed on probation, violated probation, and was sentenced on the probation violation. If there is no probation and subsequent probation violation, the person cannot legally be jailed on the offense itself. However, a person may be awarded “deferred sentencing” on a 2nd MIP if he or she pleads guilty to it. “Deferred sentencing” is a procedure where the entry of a criminal conviction is delayed until after the defendant is given an opportunity to successfully complete probation. If probation is successfully completed, the defendant will be discharged and the case will be dismissed and turned into a non-public record, with no conviction entering on defendant’s record. However, if probation is violated (i.e., failed), a conviction may enter on the defendant’s record. If the person successfully completes probation, and the case is dismissed, only the SOS, courts, prosecutors, and police agencies can view the non-public record.

A 3rd or subsequent MIP is a misdemeanor punishable by up to 60 days in jail, but only if the person was placed on probation, violated probation, and was sentenced on the probation violation. If there is no probation and a subsequent probation violation, the person cannot be legally jailed for commission of the offense itself. Deferred proceedings with dismissals are not available on 3rd or subsequent MIP offenses.