Minor in Possession of Alcohol - Utah Criminal Charges
Utah Criminal Defense Attorney for MIP in Salt Lake City
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 with Utah
criminal defense attorney
Stephen Howard.
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.
Evidence of a Crime - Minor in Possession in Utah
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.
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.)
Driver License Suspensions for Minor in Possession in Utah
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 a Utah MIP Defense Lawyer in Salt Lake City

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.
RELATED CRIMINAL DEFENSE TOPICS
Analysis of Utah Code 32B-4-409
Unlawful Purchase, Possession, or Consumption of Alcohol by
Minor - Measurable Amounts in Body
Utah
Code 32B-4-409 presents a variety of ways in which a minor (at least 18
years old but under the age of 21) can be criminally charged in
connection with alcohol or alcoholic beverages.
Subsection
(1) of this statute prohibits the purchase, attempt to purchase,
soliciting of another person to purchase, possession, or consumption of
an alcoholic product. Subsection (1) also creates criminal penalties
for a minor who has any "measurable" concentration of alcohol in the
minor's body as shown by a blood, breath, or urine test.
Subsection (2) addresses misrepresentations of a minor's age for
the purpose of obtaining an alcoholic product. This subsection creates
criminal penalties both for a minor who misrepresents his or her own
age, as well as any other person who misrepresents the age of a minor.
Subsection
(3) specifically provides criminal penalties for a minor who possesses
or consumes an alcoholic product while riding in a "limousine or
chartered bus." This conduct, however, is already prohibited under
subsection (1) of this statute.
Subsection (4) provides
sentencing requirements for repeat MIP offenders. Specifically, these
subsection requires a court to order participation in a substance abuse
screening and educational series if a minor has been previously
convicted of a violation of Utah's minor in possession statute.
Subsection
(5) provides rules governing a driver license suspension for
defendant's convicted for violating this section when the defendant is
a minor at least 18 years of age but younger than 21 years. This
section of Utah's minor in possession statute allows a court to reduce
the length of the driver license suspension. For a first-time offense,
the court may require the completion of an educational series (such as
Prime for Life). For a second or subsequent offense, the court may
require the filing of a sworn affidavit certifying that the
minor
has not consumed alcohol for at least one year during the license
suspension period.
Subsection (6) makes reference to the
Utah Juvenile Court Act, and provides that a minor under the age of 18
who violates this statute may be subject to a driver license suspension
under Utah Code 78A-6-606.
Subsection (7) provides that the Driver License Division must
suspend the defendant's driving privileges when the court has ordered
such suspension for violating Utah's minor in possession statute. Such
suspension is made pursuant to Utah Code 53-3-219.
Subsection (8) provides for additional suspensions of a like
period of time for a person who is convicted of a driving offense while
the person's driver license was suspended based on a violation of
Utah's minor in possession statute.
Subsection (9) provides
limited exceptions to Utah's minor in possession statute, which can
allow a minor to consume an alcoholic product for medicinal purposes.
The exceptions also allows a minor to consume alcohol as part of a
religious organization's religious services.
Review the full text of
Utah
Code 32B-4-409 or
contact us for more information on
defending MIP charges in Salt Lake City.
Choosing a Utah Minor in Possession of Alcohol Attorney

If you are facing prosecution for MIP or other criminal charges in Utah, an
experienced criminal defense attorney can be critical to a achieving a successful outcome. Based in Salt Lake City,
criminal lawyer Stephen Howard has protected his clients' rights in cases ranging from murder to DUI and virtually everything in between.
Call us today at 801-449-1409 to arrange for an initial confidential consultation.