If you or a loved one has been charged with a MIP or MIC, give us a call to set up a free consultation so we can answer any of your questions and concerns. We can be reached at 253-383-3328 or by e-mail at Office@williamawhitelaw.com. 

The statute for a Minor in Possesion (MIP) charge can be found at RCW 66.44.270. Although the title and the section (1) deals with furnishing alcohol to minors, we will concentrate on the second subsection that specifically deals with MIP/MICs.

Furnishing liquor to minors—Possession, use—Penalties—Exhibition of effects—Exceptions.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4), (5), or (7) of this section.

Sections 3-7 deal primarily with special exceptions where the law does not apply.

(8) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

For the purposes of this section, the important part of the statute is subsection (2), which deals with minors in possession or consumption of liquor. Let's look at it again.

(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

This section criminalizes anyone under the age of twenty one, whom possesses, consumes, or otherwise acquires liquor. Thus, the difference for a MIP vs a MIC is pretty clear. Ex. Being caught with a six pack of beer vs. caught with the odor of alcohol on your breath. 

A MIP/MIC is a gross misdemeanor, meaning the maximum power of the court is 364 days in jail and/or a $5,000.  Surprisingly, a MIP/MIC is treated as a more serious offense than a Minor DUI, which is only a misdemeanor (max 90 days in jail and $1,000 fine).

In addition, the courts may require you to obtain an alcohol evaluation and complete any recommended treatment, require work crew or community service, or other conditions of sentence depending on the specific facts of your case.

If you are convicted of a MIP/MIC, then you will have your license revoked. The amount of time depends on a number of factors. 

• First Notice - 1 year or until your 17th birthday, whichever is longer
• Second or subsequent - 2 years or until your 17th birthday, whichever is longer

Unlike a suspension as an adult, a minor whose license is revoked for MIP cannot apply for a restricted license. 

It is important to note that the Dept. of licensing considers Minor in Possession to not just include alcohol for purposes of license revocations:

• When a person age 13–17 is convicted of:
• • Possession of alcohol. (Age is determined by the incident date.)
  • Any offense involving a firearm, whether or not it’s related to using a motor vehicle.
• When a person age 13–20 is convicted of a drug offense. (Age is determined by incident date.)
• When a person under age 18:
• • Pleads guilty or is found guilty of illegal possession of a firearm while in a vehicle.
  • Commits any offense while armed with a firearm in which a motor vehicle served an integral function.

You can visit the DOL site for in-depth information here.

Depending on the type of offense, you may be eligible to have your license reinstated before the full term of the revocation.

• Possession of firearms - No early reinstatement available
• First notice - Drugs or Alcohol - 1 year after whichever comes last: 
• • Your 17th birthday
  • The date of conviction
• Second or Subsequent - Drugs or Alcohol - Whichever comes last:
• • Your 18th birthday
  • 2 years after the date of conviction

If you or a loved one has been charged with a MIP or MIC, give us a call to set up a free consultation so we can answer any of your questions and concerns. We can be reached at 253-383-3328 or by e-mail at Office@williamawhitelaw.com.