Salt Lake Minor in Possession (MIP) - Criminal Attorney
Utah law makes it a crime for any minor to consume or possess alcohol,
or to have any measurable amount of alcohol in the body as determined
by
a blood, breath, or urine test. This charge is often referred to as
"
minor
in possession" or "MIP." As a misdemeanor criminal charge, it
carries potential
consequences including
jail time, substantial fines,
and a lengthy driver license suspension. As an
experienced
criminal
defense
attorney based in salt Lake City, Stephen Howard has defended
thousands of serious
felony
and
misdemeanor
cases.
Contact us today to
schedule an initial consultation.
This page contains information on:
Elements
of a Minor in Possession Charge
In most legal contexts, a person is considered to be an adult at the
age of 18. For Utah's minor in possession law, a person is still
considered a "minor" until reaching the age of 21. Thus, this statute's
prohibitions relating to
alcohol
apply to any person under the age of
21.

Utah's
minor in possession law prohibits not only "possession" of
alcohol, but also consumption of alcohol by a minor, an attempt to
purchase alcohol, or solicitation of another person to purchase alcohol
on behalf of the minor.
Providing alcohol to
a minor (if the minor is under the age of 18) can result in charges of
contributing
to the delinquency of a minor. If the "minor" is 18 or
older, but still under the age of 21, the adult can be charged with the
more specific charge of
supplying
alcohol to a
minor.
If
a minor is found to be in possession of alcohol in a vehicle,
additional charges may be filed if the container of alcohol has been
opened. Utah law makes having an
open
container
of alcohol a crime (regardless of the age of the defendant) if the open
container is found in the passenger compartment of a motor vehicle.
Defending
a Minor in Possession Charge in Salt Lake
Many MIP cases in Utah are based on evidence that the minor actually
consumed alcohol. In cases where police have been called out to a party
or other event where alcohol is suspected of being consumed, the
alcohol has already been fully consumed or removed from the premises.
In such cases, police may find only empty bottles or cans. To support a
charge of consumption of alcohol by a minor, police may rely on
admissions made by the minor, or on the results of blood, breath, or
urine testing.
(Note that
Fourth
Amendment protections apply to bodily fluids such as
blood or urine as well as to a person's breath. Without a warrant, a
person may refuse to allow police to take a blood, urine, or breath
sample.However, Utah's
DUI
laws provide consequences for refusing to
submit to a chemical test for the detection of alcohol in
DUI
cases.)
Some Utah MIP cases, police may base their case on evidence that the
minor had possession of an alcoholic product. These cases do not
require any evidence that the minor consumed any of the alcohol. Mere
possession is sufficient. Many of these possession cases will involve
issues of
constructive
possession (for example, if a bottle of beer is
found in the back seat of a vehicle driven by a minor). These cases can
present complex evidentiary issues.
In every Utah criminal case, you have the right to a
jury
trial.
But taking a Salt Lake MIP case to trial is only one of your options.
In some cases, a motion to suppress may result in a dismissal of the
charges. In other cases,
successful
negotiations may result in a resolution such as a
plea in
abeyance that may keep you out of
jail
and keep a conviction off your record.
Minor
in Possession and Utah Driver License Suspensions
Being convicted for consuming or possessing alcohol as a minor in Utah
can result in having your driver license suspended - even if the
offense had no connection to driving or did not involve a vehicle. In
some cases, a plea in abeyance may help avoid the suspension. The
length of the suspension may also be shortened for first-time offenses
if the court determines that the minor has completed an alcohol
education series such as Prime for Life.
A driver license may be suspended by the Driver License Division under
Utah Code 32B-4-409 even if not specifically mentioned in court. But a
reduction in the length of a suspension requires specific court action.
Utah
Criminal Defense Lawyer in Salt Lake City

If
you are charged with MIP in Salt Lake City or elsewhere in Utah, the
odds of a
successful defense are
increased by having an
experienced
Utah
criminal defense attorney on
your side. Based in Salt Lake City,
Stephen Howard provides legal services to clients throughout Utah. He
has a record of achieving real results for his clients.
Contact us today to
schedule an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS
Full
Text of Utah Code 32B-4-409
Following is the
full text of Utah Code 32B-4-409, addressing possession, consumption,
and purchase of alcohol by a minor. This is the version of the statute
as amended by the legislature in 2014. Note that the text of this
statute may have been amended since published on this page. You are
strongly encouraged to consult with an experienced criminal defense
attorney for advice specific to your
circumstances. (Commentary is in italics.)
Subsection (1) makes
general prohibitions on the possession, consumption, or purchase of
alcohol by a minor, as well as having a measurable alcohol
concentration in the minor's body.
(1) Unless specifically authorized by this title, it is unlawful for a
minor to:
(a) purchase an alcoholic product;
(b) attempt to purchase an alcoholic product;
(c) solicit another person to purchase an alcoholic product;
(d) possess an alcoholic product;
(e) consume an alcoholic product; or
(f) have measurable blood, breath, or urine alcohol
concentration in the minor's body.
Subsection (2) prohibits
misrepresentations regarding a minor's age for the purpose of obtaining
alcohol.
(2) It is unlawful for the purpose of purchasing or otherwise obtaining
an alcoholic product for a minor for:
(a) a minor to misrepresent the minor's age; or
(b) any other person to misrepresent the age of a minor.
Subsection (3) is
somewhat redundant with the prohibitions of subsection (1), but
specifically prohibits the consumption or possession of alcohol by a
minor, while said minor is riding in a limousine or bus.
(3) It is unlawful for a minor to possess or consume an alcoholic
product while riding in a limousine or chartered bus.
Subsection (4) provides
sentencing provisions required by a court upon a minor's second or subsequent conviction for a
violation of this section.
(4) If a minor is found by a court to have violated this section and
the violation is the minor's second or subsequent violation of this
section, the court:
(a) shall order the minor to participate in an educational
series as defined in Section 41-6a-501; and
(b) may order the minor to participate in a screening as
defined in Section 41-6a-501.
Subsection (5) provides
rules for reducing a driver license suspension when a person is
convicted of possession of alcohol by a minor but completes treatment
or remained sober.
(5) (a) When a minor who is at least 18 years old, but
younger than 21 years old, is found by a court to have violated this
section, except as provided in Section 32B-4-411, the court hearing the
case shall suspend the minor's driving privileges under Section
53-3-219.
(b) Notwithstanding the provision in Subsection (5)(a), the
court may reduce the suspension period required under Section 53-3-219
if:
(i) the violation is the minor's first violation
of this section; and
(ii) the minor completes an educational series as
defined in Section 41-6a-501.
(c) Notwithstanding the requirement in Subsection (5)(a) and
in accordance with the requirements of Section 53-3-219, the court may
reduce the suspension period required under Section 53-3-219 if:
(i) the violation is the minor's second or
subsequent violation of this section; and
(ii) (A) the person is 18 years of age or older
and provides a sworn statement to the court that the person has not
unlawfully consumed alcohol for at least a one-year consecutive period
during the suspension period imposed under Subsection (5)(a); or
(B) the person is under 18 years of
age and has the person's parent or legal guardian provide an affidavit
or sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not unlawfully consumed alcohol for
at least a one-year consecutive period during the suspension period
imposed under Subsection (5)(a).
Subsection (6) refers to
offenses involving a juvenile.
(6) When a minor who is at least 13 years old, but younger than 18
years old, is found by the court to have violated this section, Section
78A-6-606 applies to the violation.
Subsection (7) requires
the Driver License Division to suspend a person's license when such
suspension is ordered by the court.
(7) When a court issues an order suspending a person's driving
privileges for a violation of this section, the Driver License Division
shall suspend the person's license under Section 53-3-219.
Subsection (8) provides
for extensions of a driver license suspension if the person is
convicted or arrested for a driving offense while the person's license
is already suspended.
(8) When the Department of Public Safety receives the arrest or
conviction record of a person for a driving offense committed while the
person's license is suspended pursuant to this section, the Department
of Public Safety shall extend the suspension for an additional like
period of time.
Subsection (9) provides
limited religious and medical exceptions under which a minor may be
permitted to consume alcohol.
(9) This section does not apply to a minor's consumption of an
alcoholic product in accordance with this title:
(a) for medicinal purposes if:
(i) the minor is at least 18 years old; or
(ii) the alcoholic product is furnished by:
(A) the parent or guardian of the
minor; or
(B) the minor's health care
practitioner, if the health care practitioner is authorized by law to
write a prescription; or
(b) as part of a religious organization's religious services.
Finding
a Criminal Defense Lawyer for MIP Charges in Salt
Lake City
If you are facing prosecution for MIP or other criminal charges, an
experienced criminal
defense lawyer can be invaluable. Based in Salt Lake City,
criminal attorney Stephen
Howard provides legal services to clients throughout Utah.
Contact us today to arrange
for an initial consultation.