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In Arizona, if you are under 21 years old, possessing alcohol can result in a minor in possession charge, regardless of whether the container is open or closed.
The law does not require proof of consumption, only the presence of alcohol on the person. This means that even holding a liquor bottle or a glass of wine for someone else can lead to a minor in possession charge.
ARS 4-244(9) prohibits individuals under 21 years old from having, buying, receiving, or drinking alcohol.
Unfortunately, Chandler, Scottsdale, Tempe, and Tucson have high rates of criminal offenses involving minors in possession.
In Arizona, minors charged with possession or consumption of alcohol face significant legal repercussions under ARS 4-244(9). The law distinguishes between actual and constructive possession, the latter being harder to prove. Juvenile possession can be either joint or sole, with joint possession being more difficult to establish due to reasonable doubt considerations.
Offenses related to underage drinking can also include contributing to the delinquency of a minor, DUI, and public consumption of alcohol, each with its own governing statute and penalties. Penalties for a minor in possession (MIP) may include fines, probation, community service, and alcohol treatment, along with potential driving privilege suspension. A charge will lead to a Class 1 misdemeanor on one’s criminal history, which could impact future educational and employment opportunities. Given the complexities and potential long-term consequences, securing experienced legal representation is crucial.
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Arizona Minor in Possession or Minor in Consumption of Alcohol or Drugs
Explaining Cases Involving Minor In Possession or Minor in Consumption Charges
There are many forms of possession recognized by Arizona law.
The actual form of possession occurs when alcohol is in a person’s immediate control. This control involves alcohol being in your hands, bag, or clothing.
A form of possession known as constructive possession is when control is intentional and is carried out solely or with others involved.
The constructive possession theory suggests that alcohol may be located within a car, home, restaurant, dorm, or bar. Although a possession charge could be made in this sense, the attempt to prove it may be more difficult.
Juvenile possession is either joint or sole. Joint possession is not easily proven since reasonable doubt could exist. Sole possession refers to a single person committing the crime.
A minor in possession is guilty when they take part in consuming alcohol through either buying or possessing it while being under 21 years of age.
Under law ARS 4-244(9) refers to alcohol as a spirituous liquor and includes the following:
- Ale
- Gin
- Rum
- Brandy
- Porter
- Wine
- Whiskey
- Tequila
Having an offense involving juvenile possession may also be known as a MIP. When the minor in possession law is broken by drinking alcohol, they are charged with minor consumption.
It is essential to understand that if the possession is legal in nature, then a minor consumption charge cannot be made.
Do Any Other Crimes Relate To Underage Drinking Charges?
Other crimes that exist, which are related to minor in possession include and underage drinking include:
- Contributing to the Delinquency of a Minor
- DUI
- Public Consumption of alcohol
Arizona Law Governing Contributing to the Delinquency of a Minor Leading to Minor in Consumption
Under the contributing to the delinquency of a minor law, it is a crime for a person to furnish, encourage, or cause a delinquency in a child that will lead to a minor in consumption violation.
The law describes delinquency as being the act of causing injury to a child’s health and well-being.
Although the minor in possession law governs an age below 21, the contributing law governs an age below 18.
Arizona Law Governing DUI
Individuals can face a DUI charge if they operate a motor vehicle while under the influence of any substance that may result in physical impairment.
This impairment may be caused by the following:
- Drugs
- Alcohol
- Vapors
When a minor has been caught with possession and gets behind the wheel of an automobile, then they will have two charges against them.
Arizona Law Governing Public Consumption of Alcohol
The public consumption of alcohol law (ARS 4-244) stipulates a crime when alcohol is consumed at a gathering, public area, or a thoroughfare.
This law is much broader and governs all individuals regardless of age.
Penalties Due To Underage Drinking Charges
Understanding the penalties associated with underage drinking is essential. When you are familiar with the law governing underage drinking charges, then it will hopefully make the minor think twice before thinking of possessing alcohol in the first place.
To begin with, if a minor is charged with a minor in possession charge, they will have a class 1 misdemeanor on their criminal history report.
An offense against ARS 4-244 is a misdemeanor with a possible jail sentence of no more than 180 days, a fine close to $5,000, or probation for three years.
If the offender is a first-timer, they will likely be given fines, probation, community service, and alcohol treatment.
Besides the above penalties, other penalties that could be imposed include:
- Counseling
- Restitution
- Suspended driving privileges
It is important to note that if driving privileges are suspended, the suspension could be for up to 180 days if it is a first offense.
If there is fear of these penalties being brought up, you need to contact an experienced attorney for representation. This way, your rights are maintained while receiving as minimal a penalty as possible.
Consequences May Affect Your Future
Having a minor in possession charge in Arizona is a permanent part of your record.
Because of that, it may affect applications that you submit for university acceptance, job applications, and many other things that may require a background check.
It is good to be aware that colleges and other entities may have specific regulations and rules governing the use of alcohol.
Extenuating Circumstances Regarding Minor in Possession of Alcohol Arizona
The minor in possession of alcohol Arizona law recognize extenuating circumstances.
These circumstances involve the use of alcohol prescribed by a doctor or if a person’s religion calls for it.
When alcohol is used for these purposes, the child’s safety and health cannot be jeopardized.
Courts Overseeing MIP Cases
In Arizona, most cases involving juvenile possession come from Scottsdale, Tempe, and ASU.
When a minor in possession occurs in Scottsdale, the City Court is where the citation is filed. Tempe minor in possession citations is handled through the Tempe Municipal Court.
For Arizona State University, the minor in possession citations are filed through one of two court locations, either the Kyrene Justice Court or the University Lakes Justice Court. These justice courts can be found in Chandler at the San Tan Regional Court Center.
Does a MIP Involve a Jury Trial?
When juvenile possession takes place, there is no jury trial involved.
The case is handled by a judge who oversees the case. Although the maximum amount of jail time could be 180 days, the courts do not warrant that amount of time as being justified for a trial by jury.
Frequent Minor in Possession Defenses Used in Court
There are many different defenses against a minor in possession charge.
Below are the most frequently used defenses:
A Violation of Constitutional Rights
Because the police are government officials, their conduct must remain reasonable. If not, then a constitutional violation will take place.
When a clear violation is made, then the citation can easily be overturned by a judge and dismissed.
Some examples of violations involve violations of Miranda Rights, no probable cause, statements that are coerced, and detainment.
Situations That Are Statutory in Nature
There are a couple of situations where a legitimate use of alcohol is warranted.
These situations include religious and medicinal purposes.
No Knowledge of Possession
Having no knowledge of possessing alcohol means there is no criminal intent.
This is where it must be proven that there was knowledge of alcohol.
Alcohol Does Not Belong To The Accused
If more than one individual is in the presence of alcohol, then knowing who it belongs to will be difficult.
Smelling Alcohol on a Person
When alcohol can be smelled, it does not prove or indicate possession. The smell can only lead to explanations.
Confessions
Obtaining a confession is not grounds for a charge of a minor in possession.
This is because there must be evidence to corroborate the fact.
Being Present Among Alcohol
When a minor is within an establishment that sells alcohol, it does not mean they are in possession.
The evidence must be direct and show a person having control of alcohol.
MIP Charge in Arizona
In conclusion, a Minor in Possession charge (MIP) in Arizona is a serious offense that can have significant consequences for those convicted.
It is illegal for anyone under the age of 21 to possess or consume alcohol, and law enforcement officers are authorized to enforce this law rigorously.
If a person is charged with MIP, they could face fines, community service, mandatory alcohol education classes, and potentially even jail time. Additionally, a conviction for MIP could result in a criminal record, which could have long-lasting consequences for a person’s future educational and employment opportunities.
Therefore, if you or someone you know has been charged with MIP in Arizona, it is essential to seek the help of an experienced criminal defense attorney at CHM Law who can help navigate the legal system and work to mitigate the potential consequences of the charge.
With the right legal representation, it may be possible to have the charges reduced or even dismissed, allowing the individual to move forward with their life with minimal disruption.
There are Defenses to a MIP Charge With the Help of an Attorney
A Minor in Possession (MIP) charge can have serious consequences for underage individuals who are caught possessing alcohol or drugs.
In addition to legal penalties such as fines and community service. Furthermore, a MIP on a minor’s record can also make it more difficult for them to obtain future employment or educational opportunities. Additionally, a MIP can strain relationships with family and friends and damage the minor’s reputation within their community.
Therefore, it is important for minors to understand the serious consequences of MIP charges and to make responsible decisions when it comes to alcohol and drug use.
CHM Law has years of experience in underage drinking charges and can provide you with the guidance you need to protect your rights and fight your charges.
With the help of CHM Law, you can minimize the impact of your charges and even work towards dismissing the charges completely.
Call us at (602) 825-2500 if you have been caught underage drinking, and we’ll get started immediately on putting together a winning defense.
Timothy Hintze is a well-respected and aggressive trial lawyer having represented clients in courts throughout the state of Arizona. He has litigated hundreds of criminal matters ranging from complex felony cases to misdemeanor offenses, as well as a dedicated advocate for family law clients. Tim was also awarded the distinction of being named a Super Lawyers Rising Star and selected by the National Trial Lawyers Association as a Top 40 Under 40 Attorney.
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One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
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I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
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Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
David R. - Google Review
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David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
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On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
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Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
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I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
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I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
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I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
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“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.