Under Utah criminal law, it is unlawful for a minor to possess or consume alcohol, or to have any measurable concentration of alcohol as determined by a breath, blood, or urine test. Sometimes referred to as “consumption by a minor,” “minor in possession,” or “MIP,” a misdemeanor conviction can result in losing your driver’s license, substantial fines, and even jail time.
The consequences of conviction can be severe. Contact us today to arrange for an initial consultation.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Adults as “Minors” under Utah Alcohol Laws
For most legal purposes, a person is considered to be an adult upon reaching the age of 18. However, Utah law provides an exception to this rule for purposes of possession or consumption of alcohol. For purposes of these statutes, a person is still considered a “minor” until the age of 21.
In addition to “possession” of alcohol by a minor, it is also a crime in Utah for a person under the age of 21 to purchase, attempt to purchase, or to solicit another person to purchase an alcoholic product. Providing alcohol to a person under the age of 18 can result in charges of contributing to the delinquency of a minor.
Elements & Evidence
In many Utah MIP cases, police base their case on evidence that the minor had consumed alcohol. Often, by the time police arrive to investigate, any alcohol has been consumed or removed from the premises. In such cases, police may rely on admissions by the minor to prove that the person had consumed alcohol. Police may also attempt to administer a blood, breath or urine test to determine whether the minor has consumed alcohol.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
If you are a minor suspected of having consumed alcohol, you have a constitutional right under the 5th Amendment to decline to answer questions or speak with the officers regarding criminal allegations. You also have the right under the 4th Amendment to refuse to submit to testing for alcohol without a warrant. (Note, however, that Utah’s implied consent rules provide severe penalties for individuals suspected of DUI who refuse to take a chemical test for the detection of alcohol.)
Consequences – Driver License Suspension
A conviction for possession of alcohol by a minor can result in a suspension of your driver license, even if the offense had nothing to do with driving a vehicle. But the length of this suspension can be shortened if it is for a first-time MIP offense and if the minor completes an alcohol educational series. For a second or subsequent MIP conviction, a court may require a sworn affidavit certifying that the defendant has not consumed alcohol for at least one year during the period of the driver license suspension.
Find the Right Criminal Defense Attorney
If you are facing charges for possession of alcohol by a minor, contact us now to schedule an initial consultation. Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout all of Utah. He has successfully defended clients facing charges ranging from homicide to misdemeanor alcohol charges. His track record speaks for itself.
A successful defense strategy starts with an understanding of your goals and needs.
