Minor in Possession of Alcohol (MIP) in Michigan

In Michigan, a person under 21 who buys, drinks or possesses alcohol, or has any bodily alcohol content, violates the minor-in-possession (MIP) law, MCL 436.1703.^[2][3] Since January 1, 2018, a first violation is a state civil infraction with a fine of up to $100; later violations are misdemeanors.^[1][4]

MIP is a Liquor Control Code offense, not a driving offense. A young driver who has been drinking may face MIP, the Vehicle Code's under-21 "zero tolerance" drinking-and-driving offense, or an adult OWI charge, depending on the facts.^[6] This page covers MIP and then explains how it connects to driving.

What the MIP law prohibits

A "minor" under the Liquor Control Code is an individual less than 21 years old.^[2] The MIP section says a minor "shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content."^[3]

"Any bodily alcohol content" means 0.02 grams or more per 100 mL of blood, 210 L of breath or 67 mL of urine, or any alcohol in the body from drinking, other than at a generally recognized religious service or ceremony.^[7] It is an affirmative defense to a bodily-alcohol charge that the minor drank in a place where that drinking was legal.^[7] The general Liquor Code penalties in section 909 do not apply; MIP has its own penalty scheme.^[3]

Penalties by offense number

Violation	Classification	Penalty
First	State civil infraction (allowed only once)	Fine up to $100; the court may also order substance use disorder services, community service, and screening and assessment at the minor's expense[1][4][8]
After 1 prior judgment	Misdemeanor	Fine up to $200; up to 30 days in jail only if the court finds the minor violated probation, failed to complete ordered treatment, screening or community service, or failed to pay a fine[4]
After 2 or more prior judgments	Misdemeanor	Fine up to $500; up to 60 days in jail on the same conditions[4]

Before January 1, 2018, a first MIP was a misdemeanor (under 2012 PA 125) with a fine of up to $100. 2016 PA 357 changed it to a civil infraction.^[1]

What counts as a "prior judgment"

For MIP enhancement, a "prior judgment" means a conviction, juvenile adjudication, or finding or admission of responsibility under the MIP section (or Liquor Control Code sections 701 and 707), the Vehicle Code's open-container and under-21 transport sections, the OWI statute (including zero tolerance), or the boating, ORV and snowmobile OWI statutes, including substantially corresponding local, federal and other-state laws.^[9] So a young person's zero-tolerance or OWI conviction can make a later MIP a misdemeanor.^[9]

Deferral of a second MIP

For a misdemeanor second MIP, the court may, with the person's consent and without entering a judgment, defer the proceedings and place the person on probation.^[10] If the person completes probation, the court dismisses the case without an adjudication of guilt, and the dismissal is not a conviction for purposes of legal disqualifications.^[10] Only one discharge and dismissal is allowed.^[10]

The court and the Secretary of State keep nonpublic records of the deferral, available to courts, prosecutors and police to check whether it has been used.^[11] A deferred and dismissed MIP still counts as a prior judgment if there is a later violation.^[11]

Breath tests for minors

• A peace officer with reasonable cause to believe a minor has consumed alcohol or has any bodily alcohol content may ask the minor to take a preliminary breath test.^[5]
• If the minor does not consent, the test must not be given without a court order, though the officer may seek one.^[5]
• Results of the breath test or another acceptable blood alcohol test are admissible in the civil infraction or criminal case to decide whether the minor consumed or possessed alcohol or had any bodily alcohol content.^[5]
• The Court of Appeals held unconstitutional a local ordinance that let police give warrantless breath tests to minors.^[12]
• After a misdemeanor MIP conviction, or as part of probation, the court may order random or regular breath tests; a parent of an unemancipated minor under 18 may ask for this.^[13]

This MIP breath-test rule is separate from the roadside breath test for drivers. Refusing a driver's preliminary breath test is a civil infraction for drivers other than commercial drivers, and for a driver under 21 it also carries 2 points.^[14][15] See the roadside preliminary breath test.

Exceptions written into the law

• Medical amnesty: a minor who has been drinking is not in violation if he or she voluntarily goes to a health facility for treatment or observation, goes with someone who does, or contacts police or emergency medical services to get medical help for a legitimate health concern.^[16]
• Work: a minor employed by a liquor licensee may possess alcohol during working hours if it is not for personal consumption.^[17]
• Religious services: consuming sacramental wine in religious services is not prohibited.^[17]
• Coursework: drinking solely as a requirement of an accredited postsecondary course, under faculty supervision in an academic building, is not prohibited.^[17]

Police must notify a parent, guardian or custodian of an unemancipated minor under 18 within 48 hours of determining the minor allegedly violated the MIP law, if the parent can reasonably be identified.^[18] Using fraudulent identification to buy alcohol is a separate misdemeanor punishable by up to 93 days and/or $100.^[19]

MIP compared with zero-tolerance OWI

	Minor in possession	Zero tolerance (under-21 drinking and driving)
Statute	MCL 436.1703 (Liquor Control Code)[3]	MCL 257.625(6) (Vehicle Code)[6]
Driving required?	No; buying, drinking, possessing or having alcohol in the body is enough[3]	Yes; operating a vehicle with any bodily alcohol content[6]
Alcohol level	0.02 or more, or any alcohol from drinking[7]	0.02 to under 0.08, or any alcohol from drinking[6]
First offense	Civil infraction, fine up to $100[1]	Misdemeanor, fine up to $250 and/or up to 360 hours community service, no jail[20]
License	No licensing action for second or later violations since October 1, 2021, per the Secretary of State[21]	30-day suspension with a restricted license possible; 4 points[22][23]

A driver under 21 at 0.08 or more can be charged with adult OWI under section 625(1).^[6][24] A court may not accept a plea to the zero-tolerance offense in exchange for dismissal of an OWI charge.^[25] See the zero-tolerance law and under-21 drivers: a guide for parents.

Related offenses

A person other than a licensed retailer or its staff who knowingly sells or furnishes alcohol to a minor commits a misdemeanor, and a felony punishable by up to 10 years if the minor's drinking is a direct and substantial cause of the minor's death.^[26] In a vehicle, under-21 transport or possession of alcohol (section 624b) carries 2 points, and a suspension follows only with a prior 624a or 624b conviction.^[27][28] See open containers in a vehicle and social host liability.

Keep the citation or ticket, any court notice and the payment receipt. A first MIP can be found or admitted only once, so the record of how it was resolved matters if there is ever a second incident.