Minor in Possession (MIP): What You Need to Know

If you're under 21 and caught with alcohol in Michigan, you may be charged with Minor in Possession of Alcohol, also known as MIP. This is by far the most common charge we see surrounding graduation parties.

Michigan law prohibits anyone under the age of 21 from purchasing, consuming, possessing, or even having alcohol in their body (unless part of a sanctioned, supervised religious ceremony or medical purpose).

1st Offense MIP Penalties

• A civil infraction (not a criminal misdemeanor like in years past)
• Up to $100 in fines
• Possible community service or mandatory substance abuse treatment programs
• Does not result in a criminal record—if handled properly

Subsequent Offenses

If you get hit with MIP a second or third time, the consequences escalate:

• Misdemeanor charges
• Up to 30 days in jail (for probation violations or failure to complete requirements)
• Additional fines and court costs
• Permanent record unless the charge is dismissed or deferred

Michigan has a deferral option for first-time offenders under MCL 436.1703(5), which means you might be able to avoid a criminal record if you successfully complete probation. This can be a lifesaver for students applying to college or starting careers.

Fake IDs and False Identification

Young adults looking to get into a bar or buy alcohol may think using a fake ID is a harmless way to join the party. But possessing or using a fake ID in Michigan is far from harmless—it’s a criminal act that can lead to serious trouble.

What the Law Says

Under Michigan law (MCL 28.295), it is illegal to possess or use false identification to purchase alcohol or enter a bar. Fake ID charges can result in:

• Misdemeanor charge on your criminal record
• Up to 93 days in jail
• Fines up to $100
• Potential driver’s license suspension
• Loss of college scholarships or denial of federal student aid

The situation can get more serious if someone is accused of making or distributing fake IDs. That could lead to felony charges under federal law, especially if the fake IDs cross state lines.

What's Considered a Fake ID?

• Altered driver’s license
• ID borrowed from a sibling or friend
• Manufactured IDs from online sources or apps

A fake ID doesn’t necessarily have to be something made in a Photoshop program—it could be something as simple as using your 21-year-old friend’s license. If you're caught, prosecutors don’t usually go light just because it's “just graduation.”

Underage DUI in Michigan

With more access to cars and often feeling invincible, some graduates make the dangerous decision to drive after drinking. Even a single drink and a short distance can change your life.

Michigan's Zero Tolerance Law

For drivers under 21, Michigan's “Zero Tolerance” law makes it illegal to operate a motor vehicle with a Blood Alcohol Content (BAC) of 0.02% or higher. Just one or two drinks can easily push someone over this limit.

First Offense Penalties

• Misdemeanor charge
• Up to 360 hours of community service
• Substantial fines up to $250
• Mandatory driver’s license suspension
• 6 points added to driver’s license

While the punishment may sound lighter than a standard OWI/DUI, don’t be fooled—Zero Tolerance DUI is still a criminal charge with long-term consequences, including a permanent record if not handled correctly.

Standard OWI for Underage Drivers

If you're under 21 but caught with a BAC over 0.08% or impaired driving, you can be charged with a regular OWI, just like an adult. That means potential jail time, expensive fines, and long-term license sanctions.

The Real Consequences

A single night of celebrating could result in:

• A criminal record
• Losing your driver’s license
• Increased insurance premiums
• Being denied job opportunities
• College disciplinary action or expulsion

Other Common Graduation-Related Charges

In addition to MIP, fake IDs, and underage DUI, there are several other common charges that arise during this season:

• Disorderly Conduct: Includes public intoxication, fighting, or creating a disturbance at a party. It’s a misdemeanor with up to 93 days in jail.
• Resisting and Obstructing: Even yelling at or pulling away from a police officer during arrest can result in felony charges carrying up to 2 years in prison.
• Drug Possession: Marijuana may be legal recreationally for those over 21, but for minors it still leads to criminal consequences, especially if driving is involved.
• Open Container Violations: It is illegal to have an open container of alcohol in the passenger area of a vehicle. This applies even if the driver is sober and over 21.

Many of these offenses seem harmless in the moment, but they stay on your record and can impact your education, housing, and employment.

Advice for Parents

As a parent, it's easy to turn a blind eye and let your graduate enjoy their big accomplishment. But you should talk to your teen or young adult about celebrating responsibly. Here’s why that conversation matters:

• Michigan’s Social Host Law (MCL 436.1701) can hold adults criminally and civilly liable for allowing underage drinking on their property—even if they weren’t present.
• “But everyone else is doing it” is not a valid defense in court.
• One slip-up can create a criminal record that lasts a lifetime.

If you’re planning to host or your child is attending graduation parties, make rules clear about alcohol and driving. Collect keys, have Uber ready, and monitor who’s coming and going. Graduation night should be memorable for the right reasons—not because it ended in handcuffs.

Your Options If Charged

If your child or graduate is charged with a criminal offense like MIP or underage DUI, you need help fast. These cases often move quickly, and waiting too long can eliminate valuable defense opportunities.

A good criminal defense attorney can work to:

• Challenge the legality of the stop or arrest
• Explore deferral or diversion programs to keep the person’s record clean
• Negotiate dismissals or reductions in charges
• Represent you in court and avoid unnecessary jail time or harsh consequences

We’ve represented high school and college students across Michigan, helping them avoid criminal records and move on with their lives. There’s a strong chance your case has a workable defense. Don’t carry this burden alone.

If you or your child is facing charges in Michigan, contact Aaron J. Boria, PLLC today. Call (734) 453-7806 for a free consultation.

Conclusion

Graduation is one of the most significant milestones in a young person's life. Unfortunately, it also comes with temptations and the opportunity for some very poor choices. From MIPs and fake IDs to DUIs and disorderly conduct, criminal charges can arise in the blink of an eye and have long-lasting effects.

If you’re a graduate, think twice before accepting that drink or taking the wheel. If you’re a parent, make sure you’ve had the difficult but critical conversations with your child. Let them know the legal consequences they could face and make a plan to keep everyone safe.

If trouble does find its way into your celebration, help is available. Whether it's fighting a criminal charge, negotiating a resolution, or protecting your future, attorney Aaron J. Boria has the experience and knowledge to help.