Possession of Alcohol by a Minor - Ogden Defense Attorney
MIP - Utah Criminal Defense Attorney in Ogden
A minor is prohibited under Utah criminal law from possessing or
consuming alcohol, or having any measurable concentration of alcohol as
determined by a breath, blood, or urine tests. Often called
"consumption by a minor," "
minor
in possession," or "MIP," this criminal charge is a
misdemeanor that carries with it severe consequences including
substantial fines, losing your driver’s license, and even time in jail.
If you are facing alcohol charges in
Ogden
or elsewhere in Utah, contact us today to schedule an initial
consultation with Utah criminal defense lawyer Stephen Howard.
Adults as “Minors” under Utah Alcohol Laws

A person who
reaches the age of 18 is, for most legal purposes, considered an adult.
However, Utah law provides an exception to this rule in the context of
a criminal charge for the possession or consumption of alcohol. For
these purposes of criminal prosecution, a person is still considered a
"minor" until the age of 21.
In addition to just "possession" of alcohol, Utah law also makes it a
crime for anyone under the age of 21 to purchase, attempt to purchase,
or to solicit another person to purchase an alcoholic product. Giving
alcohol to a person under the age of 18 can also result in charges of
contributing to the delinquency of a minor.
Evidence of to Support an MIP Charge
Because our state and federal constitutions both provide for a
presumption of innocence, the police must support an MIP allegation
with evidence. The evidence can come in the form of an admission by the
defendant, testimony from a witness, physical evidence found by police,
chemical test results, and more.
Often, police will arrive to investigate after any alcohol has been
consumed or removed from the premises. In such circumstances, the
police may have to depend on admissions made by those on the scene to
prove that a minor had consumed alcohol. In some cases, police will try
to administer a blood, breath, or urine test to detect the presence of
alcohol or an alcohol metabolite. Without a warrant, the results of
such tests may be subject to a
motion
to suppress.
Any minor suspected of consuming alcohol has important constitutional
rights. Under the Fifth amendment you have the right to refuse to
answer questions or speak to the police officer about the alleged
criminal activity. The Fourth amendment provides you the right to
decline chemical testing for alcohol without a warrant. (Please be
aware that Utah's implied consent rules provide penalties for
individuals suspected of
DUI
who refuse to take a chemical test for the detection of alcohol.)
MIP and the Suspensions of your Driver’s License in Utah
A conviction for possession of alcohol by a minor can result in a
driver license suspension, even if the offense did not involve a
vehicle. With a first MIP offense, a minor can complete an alcohol
education class which can shorten the length of the driver license
suspension. For subsequent MIP convictions, 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.
Ogden Criminal Defense Lawyer - Alcohol Charges
Stephen Howard has handled thousands of criminal cases in Ogden, Salt
Lake, and other cities in Utah. His
track
record includes serious
felony
cases such as murder, aggravated robbery, burglary, white collar fraud,
and much more. He also handles
misdemeanor
charges for clients throughout Utah.
If you are facing alcohol charges in Ogden or elsewhere,
contact us now to see how
we can help you.