Trick-or-Treating and Tailgates: Essential Insights for Parents on Underage Drinking Laws

Understanding Michigan's Minor in Possession (MIP) Law

Michigan law prohibits anyone under the age of 21 from purchasing, possessing, or consuming alcohol, with very limited exceptions. These cases are generally prosecuted under the Minor in Possession statute, often referred to as MIP.

In 2018, Michigan made changes to its MIP law that reduced some of the penalties for first-time offenders but increased the importance of proper legal handling. Now, a first offense is considered a civil infraction — but that doesn’t mean it's harmless.

The law clearly states that a minor shall not:

• Purchase or attempt to purchase alcohol
• Consume alcohol or possess an alcoholic beverage
• Have any bodily alcohol content (BAC of .02 or higher)

There are exceptions for religious ceremonies and employment-related handling (like working at a store or restaurant), but recreational consumption is still strictly off-limits.

What Are the Penalties for Underage Drinking in Michigan?

In Michigan, the consequences for a violation vary based on how many prior offenses the underage individual has:

First Offense – Civil Infraction

• Up to $100 fine
• Substance abuse screening or education program
• Community service (optional discretion by the judge)
• Not classified as a criminal conviction

Second Offense – Misdemeanor

• Up to 30 days in jail (although rarely imposed)
• Mandatory substance abuse treatment or education
• Community service
• Increased fines up to $200
• Potential loss of driver’s license

Third Offense – Misdemeanor

• Up to 60 days in jail
• Increased fines up to $500
• Substance abuse treatment
• Longer community service terms
• License sanctions

While the first offense may seem minor on paper, it can still appear on background checks and damage a minor’s chances for scholarships, college admissions, and even job opportunities. That’s why you need to take every charge seriously — even if it's the first time.

Tailgate Trouble: Don’t Let Innocent Fun Lead to Serious Charges

During football season, tailgating is a Michigan tradition. Unfortunately, it’s also one of the most common situations where minors get caught drinking. Whether it’s a Spartan Saturday in East Lansing or a Michigan vs. Ohio State game at the Big House, tailgate parties are often flooded with alcohol — and law enforcement knows it.

Police routinely patrol tailgate areas, stadium grounds, and neighborhood parties looking for signs of underage drinking. Open containers, public intoxication, or even suspicious behavior can lead to an investigation.

Parents, you should know — if you host a tailgate or party and provide alcohol to minors, you could face criminal liability under Michigan’s social host laws. Even if you didn’t directly hand a drink to a minor, allowing it to happen can land you in court.

What is a "Social Host" Liability?

Social host laws in Michigan make it illegal to provide — or even allow — alcohol consumption by minors on property you own, lease, or otherwise control. That includes your home, a rental property, and yes, even your backyard during the tailgate.

If a minor leaves your property intoxicated and ends up injured or causes harm to someone else, you could be held criminally and civilly liable. Penalties range from misdemeanor charges to jail time and hefty fines.

Halloween Parties and Parent Liability

Halloween parties aren’t just for little kids anymore. High schoolers and college students increasingly throw costume parties where alcohol is present. As a parent, it’s not enough to just “not supply” liquor. If a party is held under your roof and minors start drinking, you may still be responsible — even if you didn’t know every detail.

Michigan courts have held that turning a blind eye can still amount to criminal liability if a “reasonable person” would have taken steps to prevent underage drinking. Leaving town or choosing to stay upstairs instead of checking in on a group of high schoolers downstairs isn’t a valid legal defense.

If alcohol is discovered at a party hosted by a minor, the host may face MIP charges themselves, and parents may face charges under social host laws. Police can and do break up Halloween parties every year across Michigan. Your best defense is clear expectations and up-front communication with your child and other parents.

Michigan’s Zero Tolerance Drinking and Driving Laws for Minors

Michigan’s Zero Tolerance law makes it illegal for drivers under 21 to operate a vehicle with even a trace amount of alcohol in their system. If a minor is caught driving with a BAC of just 0.02, they can be charged—even though that’s far below the adult limit of 0.08.

Penalties under the Zero Tolerance law include:

• Fines up to $250
• Community service (up to 360 hours)
• Driver’s license sanctions from the Secretary of State
• Possible vehicle impoundment

If the minor’s BAC is above 0.08 or they cause an accident, they could face standard OWI charges, which carry more severe penalties, including jail time.

Any conviction under the Zero Tolerance statute creates a criminal record, which can affect future college, job, or military applications. That's why skilled legal representation is critical.

Common Defenses to MIP and Underage Drinking Charges

Just because your child is charged doesn’t mean they are automatically guilty. There are several legal defenses that could apply depending on the circumstances:

• Lack of Possession or Consumption: The prosecution must prove the minor actually consumed or possessed alcohol. Just being at the party is not enough.
• Violation of Rights: Unlawful searches or improper questioning by law enforcement can lead to excluded evidence.
• Medical Emergencies: Michigan has a “Good Samaritan” law that protects those who seek help during an alcohol-related medical emergency from prosecution for MIP.
• First-time Diversion Options: Some courts offer deferment or probation programs that, if successfully completed, can result in dismissed charges and a clean record.

Your best strategy is to work with an experienced criminal defense attorney who understands how Michigan courts operate. At Boria Law, we’ve helped numerous clients avoid criminal records through strategic negotiation and aggressive courtroom advocacy.

What Should Parents Do If Their Child Is Charged?

Finding out your child has been charged with underage drinking can be alarming. But don't panic. Before speaking to the police or appearing in court, talk to a qualified criminal defense lawyer. Every word said to law enforcement can be used in court, and the wrong move can hurt your child's future.

If your child has been charged with MIP, Zero Tolerance OWI, or involved in a social host situation, contact Boria Law at (734) 453-7806 for a free consultation. Aaron J. Boria is an experienced criminal defense attorney who represents clients all over Michigan. We've successfully handled underage drinking cases in Plymouth, Canton, Northville, and throughout Wayne County.

Criminal defense attorney Aaron J. Boria has your back when misdemeanor or felony charges threaten your child’s future. We will walk you through the process, develop a smart defense strategy, and work to keep your child's record clean.

Tips for Parents: How to Prevent Underage Drinking Issues

• Talk early and often: Teens want information and boundaries, even if they pretend not to.
• Set clear policies: Let your child know there are consequences for drinking and driving or attending unsafe parties.
• Connect with other parents: Coordinate with adults in your child’s circle to ensure safe, supervised environments.
• Secure alcohol at home: Don’t leave liquor cabinets open if teens are home alone.
• Lead by example: Behave responsibly with alcohol during your own social events – kids notice more than you think.

Conclusion

Fall festivities like trick-or-treating and college football tailgates are part of what makes living in Michigan great. But for teens and young adults, these events can come with hidden risks — especially when it comes to underage drinking. Michigan law comes down hard on both minors and parents in these cases, so staying informed is the first step to prevention.

If your child is facing an MIP or underage drinking charge, don’t leave their future up to chance. Get the help you need. Contact Aaron J. Boria at (734) 453-7806 for a free consultation and experienced defense you can trust.

We’re here to protect your child's rights and help you move forward with confidence.