Understanding Michigan’s Minor in Possession Law (MIP)

The legal drinking age in Michigan is 21. If you're underage and caught consuming or possessing alcohol, you're likely to be charged under Michigan’s Minor in Possession (MIP) law. The law has changed in recent years, so it’s important to understand the current standard. As of 2018, a first-offense MIP charge is now considered a civil infraction rather than a criminal misdemeanor. This change means that a first offense no longer results in a criminal conviction—but there are still significant consequences.

What Qualifies as an MIP?

• Having alcohol in your possession
• Consuming alcohol, even in trace amounts
• Testing positive for alcohol use, such as via a Preliminary Breath Test (PBT) at the festival or afterward

Being present at a beer festival like Lansing Beer Fest, without drinking, is not illegal. However, if you are under 21 and a police officer has reason to believe you have been drinking (based on behavior, smell, or testing), you can be cited.

First Offense Underage Drinking: What to Expect

If this is your first time getting cited for underage drinking, your charge will likely qualify as a civil infraction. This means:

• No jail time but there are still consequences
• You may receive a fine of up to $100
• You could be ordered to perform community service
• The court might require an alcohol education class
• Testing and screening for alcohol or drug use might be required

Even though it’s not a criminal conviction, the charge could still show up on a background check depending on how it is resolved. That's why it’s critical to address the citation properly and with an experienced attorney’s guidance. In many cases, an attorney can negotiate for a dismissal or ensure the record is sealed from public view.

Second and Third Offenses: Misdemeanor Charges

If you’ve been cited for underage drinking before, a second or third offense becomes more serious under Michigan law. These subsequent offenses are treated as misdemeanors and can include the following penalties:

• Jail time of up to 30 days for a second offense and 60 days for a third
• Fines up to $200 (second offense) and $500 (third offense)
• Mandatory alcohol education, screening, and treatment
• Community service up to 60 days
• Driver’s license sanctions such as suspension or restriction

Misdemeanor convictions are criminal and will appear on background checks. It’s essential to fight these charges effectively to try to keep your record clean—especially if you’re planning on applying to college, graduate programs, or professional jobs.

The Court Process After an Underage Drinking Arrest at a Beer Festival

Let’s say you were at the Lansing Beer Fest in June and were cited for underage drinking. What happens next? Here’s a look at the typical court process:

1. Citation or Arrest

If you're cooperative and not engaged in any disorderly or illegal behavior beyond drinking, chances are you’ll receive a citation rather than being arrested. Still, if you're visibly intoxicated, unconscious, or causing problems, the police may take you into custody.

2. Arraignment

Your case will most likely be heard in the district court corresponding to the city where the event took place—in this case, Lansing’s 54-A District Court. If you received a misdemeanor charge, you’ll attend an arraignment. This is the first court appearance where you’ll be informed of the charges against you and your rights.

3. Pretrial Conference

If you plead not guilty, or if your attorney is negotiating a deal with the prosecutor, you may have a pretrial hearing. During this phase, the defense and the prosecution can discuss potential resolutions such as:

• You entering a diversion program
• A possible plea to a reduced charge
• Completing alcohol education in exchange for dismissal

4. Sentencing (If Plea or Conviction Occurs)

If you end up pleading guilty or are found guilty, the judge will determine your sentence. A good attorney will argue for the least severe penalties possible, and may advocate for deferral or dismissal options that protect your long-term record.

Long-Term Consequences of an MIP in Michigan

Many young people and their families worry about how an MIP will impact their future. The truth is, even a civil infraction can follow you if not handled properly. Here are some of the challenges that can result:

• College Admissions: Some universities ask about disciplinary or criminal issues on their applications.
• Scholarships: Certain scholarship programs may be revoked if you have substance-related violations.
• Employment Background Checks: If the case appears on your public record, it could raise red flags for employers.
• Driver's License Issues: Repeat offenses can affect your driving privileges.

One of the best outcomes you can hope for is a Deferred Judgment, available under Michigan Compiled Laws section 436.1703(3). This allows the court to impose conditions like education, testing, and probation, and then dismiss the charge if everything is completed successfully. A clean record is preserved, but only if handled correctly from day one.

Can You Fight an MIP Charge?

Absolutely. Just because you’re cited or arrested does not mean you're guilty. There are legal defenses to underage drinking charges that a seasoned defense attorney can use, such as:

• No consumption: If you didn’t actually consume alcohol, the burden is on the prosecutor to prove otherwise.
• Unlawful search: If evidence (like a PBT) was obtained without probable cause or consent, it may be excluded.
• Religious or medical exception: Michigan law provides some exceptions under narrow circumstances.
• Procedural errors: Improperly administered field sobriety tests or Breathalyzer exams may not hold up in court.

Every case is different, and having your situation reviewed by an experienced criminal attorney gives you the best chance of fighting the charge or minimizing consequences.

Getting the Right Legal Help

If you or your child was cited or arrested for underage drinking at a Michigan beer festival like the Lansing Beer Fest, you're not alone. These charges may seem minor but can have ripple effects on your education, job opportunities, and freedom. Don't go through the process unprepared.

Aaron J. Boria is a respected Michigan criminal defense attorney with years of experience representing clients charged with Minor in Possession, alcohol-related misdemeanors, and other criminal charges. We’ve helped clients get charges dismissed, diverted, and sealed to protect their future. We’ve even been able to challenge the legality of alcohol tests resulting in total victories.

For help with your case, call us today at (734) 453-7806 for a free consultation. You don’t have to face this alone—get the defense you deserve.

Visit our criminal defense page to learn more about how we can help you fight MIP and other alcohol-related charges in Michigan.

Conclusion

Michigan beer festivals are a great way to enjoy summer—but for those under 21, one wrong choice can lead to fines, court dates, and a record that sticks. If you've been arrested or cited for underage drinking, especially at events like Lansing Beer Fest, don’t wait until your court date to act. Understanding the charges, the law, and your legal options gives you power in a stressful situation.

Whether it’s your first offense or a repeat charge, every MIP case deserves serious attention. Contact an experienced, local attorney as soon as possible to review your case and protect your record before it’s too late.

Your future is worth fighting for.