What Are the Laws Around Tailgating in Michigan?

First and foremost, it's not illegal to tailgate—but how you do it matters. In Michigan, tailgating laws are governed by a combination of state and local ordinances. At many stadiums and universities, like the University of Michigan or Michigan State, there are specific rules against open containers, public intoxication, or underage drinking.

If you’re tailgating on private property or in a designated tailgating lot, the police usually give leeway. But step outside those areas, and things get serious fast. Here’s a breakdown of some key concerns:

• Open Container Law (MCL 257.624a): It is illegal to possess or consume alcohol in a motor vehicle on a public highway or lands open to the public. Even if you’re parked, if you're in a public area with an open adult beverage, you could face charges.
• Minor in Possession (MIP): Under Michigan law, anyone under the age of 21 caught with alcohol can be charged with an MIP—even if they’re not drinking.
• Public Intoxication and Disorderly Conduct: Drinking too much and causing a scene could lead to a criminal charge under MCL 750.167.

Common Tailgate-Related Arrests in Michigan

At big games and events, law enforcement is out in full force. And if you get caught on the wrong side of Michigan’s drinking laws, you could face serious consequences. Here are the most common tailgate-related arrests we see every fall:

1. DUI or OWI

Driving home buzzed after the game? That’s a huge mistake. In Michigan, Operating While Intoxicated (OWI) is aggressively prosecuted. Even if your BAC is below the legal limit of 0.08, you could be charged if officers believe your driving was affected.

2. Minor in Possession (MIP)

Every football season, we see dozens of bright college kids charged with MIP—some for simply holding a beer while waiting for a friend. A first offense can land you in court and leave you with a criminal record unless properly handled.

3. Open Container Violations

Even adults face trouble here. Having an open container of alcohol in the wrong place can result in a misdemeanor or civil infraction depending on the where and how. Tailgaters with solo cups would be wise to think twice before walking down public sidewalks near the stadium.

4. Disorderly Conduct

There’s nothing wrong with getting excited about a touchdown—but if the excitement spills over into aggressive behavior, profanity, public urination, or other disruptive actions, you might be cuffed and taken away from the party in no time.

What Are the Penalties for Tailgate-Related Offenses?

While many of these infractions are misdemeanors or civil infractions, some carry serious consequences. Here’s a look:

• Open Container: Typically a misdemeanor, punishable with a fine up to $100 and court costs. Repeated offenses may draw harsher consequences.
• MIP: First offenses may be diverted or result in a fine and counseling, but a second or third offense includes possible jail time and a criminal record.
• DUI/OWI: Fines up to $500, 93 days in jail, license suspension, six points added to your driving record, and mandatory alcohol education.
• Disorderly Conduct: Up to 90 days in jail and a $500 fine under MCL 750.167.

For students and young professionals, the biggest danger is the long-term damage these charges can do. A criminal record can impact student loans, job opportunities, and housing.

Real-World Case: Tailgate Trouble in Ann Arbor

Let’s set the scene. One of our clients, a 22-year-old U of M student, was at a tailgate in the parking lot near Michigan Stadium. He wasn’t being rowdy, he had good grades, and his career trajectory was promising. Unfortunately, he was approached by police while holding a beer. They issued an MIP ticket right there.

He was terrified—not because of the fine, but because he wanted to go into finance, and a criminal misdemeanor would destroy that opportunity. Thankfully, we were able to secure a diversion program. After completing brief alcohol education, the case was dismissed and his record remained clean.

This story has a happy ending, but not everyone gets that lucky. Every year we handle dozens of cases like this. The best outcomes happen when we’re contacted early. If you’re worrying about your future after a tailgate-related arrest, contact a criminal defense attorney who understands Michigan law inside and out.

Top Tips to Stay Safe and Out of Trouble

Tailgating doesn’t have to end in handcuffs. Here are some practical ways to enjoy game day while staying on the right side of the law:

• Designate a Sober Driver: This is non-negotiable if you're drinking. A DUI isn’t worth the risk.
• Know the Property Rules: Some universities allow drinking in certain lots—others don’t. When in doubt, check the tailgate guidelines posted on official school websites.
• Keep Alcohol Discreet: While it’s tempting to walk around with a solo cup, remember that being in public with alcohol—especially in a car or on the sidewalk—can lead to charges.
• Watch Your Friends: If someone in your crew is drawing attention with loud, unwelcome behavior, it could be you riding shotgun to the station even if you did nothing wrong.
• Under 21? Skip the booze: A minor caught with alcohol has few legal defenses—and it can affect your whole future.

And remember, police watch for behavioral cues to investigate further. Be polite and respectful during any encounters, and never argue your case on the sidewalk. If they want to ticket or arrest you, let your attorney fight the battle in court.

What To Do If You’re Arrested at a Tailgate

If you or someone you care about is arrested during a tailgate, the worst thing you can do is hope it goes away on its own. Many charges that happen at football games end up on public records, which means anyone doing a background check could stumble across it. Employers, licensing agencies, and universities won’t care that it happened at a tailgate—they'll just see the offense.

We’ve helped clients throughout Michigan beat or reduce tailgating-related charges including OWI, MIP, public intoxication, and more. Whether through a pretrial diversion, dismissal, or trial win, our track record speaks for itself. Attorney Aaron J. Boria prides himself on aggressively defending and protecting your rights and future.

Don’t wait. Yours could be another case with a happy ending—if you act fast. Call us today for a free consultation at (734) 453-7806 or email aaron@thelawofficeofboria.com to get started.

Final Thoughts

Tailgating is supposed to be about enjoying your team and your friends—not dealing with courts and legal headaches. Unfortunately, too many Michiganders find out the hard way that one wrong move during game day can have serious legal consequences.

Whether you’re a student in Ann Arbor, a season ticket holder in East Lansing, or just a fan celebrating downtown Detroit, don’t let a tailgate turn into a criminal case. Be smart, be safe, and if trouble finds you—know where to turn.

Criminal defense lawyer Aaron J. Boria is here to help. We understand what you’re facing, and we know how to beat these charges. Tailgating should be memorable—in the best way possible.