What Are Fake ID and MIP Charges in Michigan?

In Michigan, "Minor in Possession" (MIP) and fake ID violations are two common charges that recent high school or college graduates can face when out celebrating. Even if you don’t get into an accident or cause a disturbance, being found with a fake ID or caught consuming alcohol underage is enough to get you charged.

Fake ID Charges: Using, possessing, or presenting a fake identification is illegal in Michigan under MCL 28.295. This can include using someone else’s driver’s license, altering your own ID, or possessing a fabricated license. If caught, the consequences include:

• Up to 93 days in jail
• Fines up to $100 (plus court costs)
• Possible license suspension
• A criminal record that can affect school or job applications

Minor in Possession (MIP): MIP charges fall under MCL 436.1703. A person under the age of 21 is prohibited from purchasing, possessing, or consuming alcohol. Michigan law was recently softened for first-time offenders, but the penalties can still be severe:

• First offense: Civil infraction with a fine up to $100
• Second offense: Misdemeanor, up to 30 days in jail, $200 fine, community service, possible substance abuse program
• Third or subsequent offense: Misdemeanor, up to 60 days in jail and increased fines and penalties

Common Scenarios Leading to Charges

In the Ann Arbor, Lansing, and Detroit bar scenes, police and bouncers are trained to spot fake IDs and underage individuals attempting to drink. Here are the most common situations that lead to MIP or fake ID charges:

• Confiscated at Door: Bouncers often scan or inspect IDs. If yours doesn’t pass their test, they’ll likely turn it over to police who may cite or arrest you on the spot.
• Sting Operations: Police conduct undercover operations, especially around college campuses, to catch bar staff and underage buyers violating alcohol laws.
• Carrying an Open Container: Simply holding a beer outside the bar (e.g., in a parking lot) can result in an MIP citation if you're not 21.
• Emergency Room Visits: If you’re brought to the hospital for alcohol poisoning or intoxication, hospital staff are required to report underage intoxication in many cases.

The Legal Process: What Happens After You're Caught

Being caught with a fake ID or cited for MIP in Michigan sets in motion a legal process that requires your attention. Here’s what you can expect after the incident:

1. Citation or Arrest

Depending on the situation and whether you are cooperative, police may issue a ticket or arrest you. In most first-time MIP cases, it’s a citation. However, possessing a fake ID is usually treated more severely and can result in arrest.

2. Arraignment

You will receive a court date. At your arraignment, the judge will explain the charges, your rights, and may set conditions like bond, alcohol testing, or other requirements.

3. Pretrial Hearings

Your attorney may negotiate with the prosecutor. In some fake ID and MIP cases, an experienced lawyer can negotiate a deferral program, dismissal, or reduced charges—especially if you're a first-time offender with no prior record.

4. Trial or Resolution

If a plea agreement isn’t reached, the case moves to trial. Otherwise, your case may be resolved with a plea, community service, a substance abuse course, or dismissal upon compliance with court orders.

Defending Against Fake ID and MIP Charges

Getting caught doesn’t automatically mean a conviction. There are valid defenses, and our job is to explore every one of them to protect your record and your future.

Deferred Sentencing

Michigan law allows first-time offenders aged 17–20 to enter into a deferral program under MCL 436.1703(5). You plead guilty, but the court defers entering a conviction. If you comply with probation terms, no conviction will appear on your record.

Search and Seizure Issues

If your rights were violated during the search or seizure of the ID or alcohol, that evidence may be excluded. For example, if a police officer searched you without probable cause, your lawyer may argue for dismissal.

Actual Possession vs. Constructive Possession

In MIP cases, the prosecutor must show that you knowingly had alcohol in your possession. Just being near alcohol isn’t enough. If you’re in a group, you need to be proven to have had control or possession over the alcohol directly.

You Didn’t Know the ID Was Fake

This is a rare but viable defense in some cases. If the ID was given to you and you genuinely didn’t realize it was fake or altered, your intent to defraud (a necessary element of the charge) may not be provable beyond a reasonable doubt.

Why These Charges Matter: Long-Term Consequences

While some people think a fake ID or an MIP is “no big deal,” the reality is quite different. A conviction on your criminal record—even a misdemeanor—can follow you for years.

Here’s what’s at stake:

• Job Applications: Employers may hesitate to hire someone with a criminal record, even for a minor offense.
• Graduate School Admissions: Many graduate and professional programs require a background check.
• Loss of Scholarships/Student Aid: Some scholarships have morality clauses, and federal aid may be affected depending on your charge.
• Driving Sanctions: A fake ID conviction can result in your license being suspended.

MIP and Fake ID Enforcement in Ann Arbor, Lansing, and Detroit

Ann Arbor: With the University of Michigan campus in its heart, law enforcement is highly alert during graduation season and football weekends. Bar staff are trained to spot fakes, and police regularly patrol hotspots like Main Street, South University, and State Street.

Lansing: Michigan State students get a dose of reality quickly once caught downtown. East Lansing, in particular, has some of the strictest MIP enforcement zones in the state. There’s even a court docket that handles student citations specifically.

Detroit: Downtown and midtown are vibrant and growing, but that also means a heavy police presence outside venues on Woodward, Greektown, and other late-night areas. The city’s law enforcement agencies actively pursue ID fraud and cite minors frequently.

When to Hire a Criminal Defense Lawyer for MIP or Fake ID Charges

If you’ve been cited or arrested for a fake ID or MIP, the best course of action is to consult with an experienced criminal defense lawyer. Even a first offense can carry hidden consequences, and our goal is to prevent those from affecting your future.

Attorney Aaron J. Boria has successfully represented students and young adults across Michigan, obtaining dismissals, deferrals, and not guilty verdicts. Don’t risk representing yourself or accepting a plea without talking to a professional.

Call (734) 453-7806 today for a free consultation. Our office is located in Plymouth, MI, but we handle these cases across the entire state, including Ann Arbor, Lansing, and Detroit.

We’ll review the evidence, determine if your rights were violated, and fight for the best outcome possible—whether that’s getting charges dropped, entering a deferral, or avoiding a conviction altogether. Learn more about your options on our criminal defense page.

Final Thoughts: Know the Law Before You Celebrate

Graduation should be a time of excitement and looking toward the future—not facing the stress of a criminal charge. Using a fake ID or drinking underage might seem like a rite of passage to some, but the consequences in Michigan are real and lasting. The good news is that with the right legal guidance, many first-time offenders can avoid a permanent record.

If you or someone you know has been charged with fake ID or MIP in Michigan, don’t leave your future to chance. You only graduate once—make sure a legal mistake doesn’t define your future.

When you’re ready to talk, give us a call at (734) 453-7806. We’re here to help.