Puyallup Minor in Possession

Part of growing up is making mistakes. Pushing boundaries and experimenting is a rite of passage for high school and college-age kids. Underage drinking is glamorized daily on popular television shows and movies. Most kids see it as “not a big deal,” not realizing until it’s too late that Minor in Possession laws exist, and are regularly enforced in Pierce County.

Being arrested and charged for something as seemingly innocuous as holding a can of beer can be disorienting and upsetting. Not just for the minor but the parents as well. You and your child will probably have dozens of questions like

• Can my child go to jail for underage drinking in Pierce County?
• Will my child have to appear in court for a MIP charge in Puyallup?
• Will a MIP conviction stay on my child’s permanent record?
• Does my child have to appear in court for a MIP charge in Pierce County?

At this time, you are probably unsure of what to do next. You need answers to your questions. We invite you to schedule a free consultation with our Puyallup juvenile defense attorneys to put your mind at ease. We would be happy to answer all of your questions about MIP laws and help you build a defense for your case. We have provided some general information on MIP laws in Pierce County on this website, but it does not take the place of personalized legal counsel.

The United States federal law prohibits anyone under the age of 21 from consuming alcohol. Each state has its own rules and regulations beyond that. Some states are slightly more lenient about exposure to alcohol for minors. For example, in Florida, it is legal to seat an underaged patron at the bartop of a restaurant that serves alcohol.

Washington, however, has very strict laws when it comes to minors and alcohol. Take, for example, RCW 66.44.310, which states that it is a misdemeanor crime “(b) For any person under the age of twenty-one years to enter or remain in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a spirits, beer, and wine private club license;” That means that it’s against the law for anyone under the age of 21 to remain in the bar area of an establishment that holds a liquor license.

While many residents and visitors may be aware of this law due to restaurants and bars having to post signs and warnings, many are not aware of just how strict Washington is about underage drinking.

From Washington state statute RCW 66.44.270

“(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.

(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.”

The strict zero-tolerance laws prohibit individuals under the age of 21 from purchasing, possessing, consuming, or transporting alcohol. It also means a minor may be arrested merely for exhibiting the effects of being intoxicated.

There are exceptions to this rule. The law does not apply to the sale, purchase, or possession of alcoholic beverages when the consumption is for medical purposes according to a physician's directions or at a religious ceremony. The law also covers if the minor is seeking medical intervention for alcohol or drug-related poisoning at a hospital, then they cannot be punished for seeking treatment.

If you or your child has been arrested for Minor in Possession charges in Puyallup, don’t make the mistake of taking it lightly. It is in everyone’s best interest to contact a Pierce County juvenile defense attorney.

Minor in Possession is charged as a gross misdemeanor in Washington State. Maximum punishments for convictions of a gross misdemeanor in Pierce County include

• Up to 364 days in jail
• Fines up to $5,000

Of course, these are maximum punishments. Most state prosecutors hesitate to “throw the book” at a first-time juvenile offender unless that minor was also operating a motor vehicle or putting other people in danger. The legal blood alcohol content for a minor is 0.002, which means that it’s possible for a minor to incur an underage DUI as well as a MIP charge. Underage DUI, as a separate charge, carries its own set of punishments if convicted.

Other, more common, punishments for a MIP conviction in Pierce County can include

• A chemical dependency evaluation
• Enrollment in drug or alcohol treatment programs
• Community Service
• Parole
• Loss of drivers license

All juvenile criminal court cases that occur in Puyallup or the surrounding area are adjudicated at the Pierce County Superior Court, which is located in Tacoma. Juvenile courts oversee the legal matters pertaining to children and youth under the age of 18. Any minor under the legal drinking age but over 18 will most likely have to appear at the Pierce County District Court, also located in downtown Tacoma.

Don’t underestimate the consequences of a MIP conviction. A violation of underage drinking laws can also impact admission to college, qualifying for financial aid, or finding a job or place to live. Keep reading to see why contacting a Pierce County criminal defense attorney is in your best interest.

It’s every parent’s nightmare to hear that their child has been charged with a crime. There are numerous tactics that a Pierce County criminal defense attorney may employ to defend against the MIP charges, or at least lessen the potential penalties:

• Your lawyer may be able to negotiate the completion of community service in exchange for a dismissal of the charges.
• Participation in alcohol classes or diversionary programs may keep the state from prosecuting.
• It may be possible to have your records sealed so the charges will not show up on background checks.

Of course, each case is unique, which is why it’s imperative for you to speak to an experienced Pierce County juvenile defender about the details of your case. We offer a free case evaluation to each prospective client so that we can discuss the details of your case and help you craft a personalized defense strategy.