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Prom season for Salem High School, Plymouth High School, and Canton High School runs through late spring. Many students celebrate at downtown Detroit hotels and event venues after the dance. These after-parties — sometimes booked through a parent, sometimes booked by students themselves — are where many of the criminal charges actually happen.

If your son or daughter was arrested at a prom after-party, the charges can be serious and the consequences long-lasting.

Minor in Possession of Alcohol

Under MCL 436.1703, a person under 21 who possesses or consumes alcohol commits a civil infraction for a first offense, with a fine of up to $100, possible community service, and substance abuse education. A second offense is a misdemeanor with a fine of up to $200 and up to 30 days in jail under certain circumstances. A third or subsequent offense increases penalties further. Some courts allow first-time offenders to participate in a deferral program under MCL 436.1703 that can lead to dismissal without a public record if the conditions are met.

Fake ID Charges

Using a fraudulent ID to purchase alcohol or enter a bar in Michigan can support multiple charges:

  • Possession of a fraudulent ID under MCL 28.295 or related statutes, a misdemeanor that can also affect driving privileges.
  • False representation of age under MCL 436.1703(2), which makes it a misdemeanor for a minor to use a false ID to purchase or attempt to purchase alcohol — punishable by up to 93 days in jail and a fine.
  • Identity theft under MCL 445.65 if the fake ID involves another real person's information — a felony.

Underage OWI

Michigan's zero-tolerance law under MCL 257.625(6) applies to anyone under 21 driving with a BAC of .02 or more. A first offense is a misdemeanor and includes a 30-day restricted license. A second offense within seven years is a misdemeanor with up to 93 days in jail.

If the under-21 driver has a BAC of .08 or higher, they face the same OWI penalties as an adult — plus additional license consequences for being under 21.

Hotels in Detroit — 36th District Court

Most downtown Detroit hotels fall within the 36th District Court's jurisdiction. Cases that arise from after-parties at downtown hotels are arraigned there. If felony charges are involved, the case is bound over to Wayne County Circuit Court after preliminary examination.

What Parents Should Do

  • Do not allow your minor child to speak with police or prosecutors without an attorney present.
  • Preserve hotel records, the receipt, who booked the room, and the guest list.
  • Do not post about the situation online.
  • Contact a defense attorney before the first court date.

Call Boria Law Today

If your son or daughter was arrested at a prom after-party, attorney Aaron J. Boria of Boria Law can help. Boria Law represents minors and young adults charged with MIP, fake ID, OWI, and related offenses across Wayne County.

Call (734) 453-7806 today for a free consultation.

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