You’re heading home from a college party with friends when you get pulled over. The officer smells alcohol and asks who has been drinking, even though no one’s visibly intoxicated. Minutes later, you’re handed a citation for underage possession under Colorado Revised Statutes (C.R.S.) 18-13-122, just for admitting you had one beer.
It’s more than a simple citation. A minor in possession or minor in consumption charge can affect your education, career, and driving privileges—sometimes for years to come. If you’re searching this statute, you’re likely trying to understand what’s at stake and how to move forward.
This post breaks down what this law covers, the penalties involved, how long it can stay on your record, and how a skilled defense attorney may help minimize the consequences.
If you have questions about Minor in Possession or Consumption laws, then contact Mark S. Rubinstein today to get answers, peace of mind, and a plan forward.
What Exactly Is Illegal Under 18-13-122?
According to C.R.S. 18-13-122, individuals under the age of 21 in Colorado are prohibited from possessing or consuming alcohol. This law also applies to marijuana and marijuana paraphernalia.
A person can be charged even if they were not holding a drink. Having alcohol in their system or being in an environment where underage drinking is happening can be enough. Officers can use observations, breath tests, or admissions of consumption to issue a citation.
What Qualifies As MIP or MIC in Colorado?
- Minor in Possession (MIP)—means physically possessing or having control over alcohol or marijuana; and
- Minor in Consumption (MIC)—refers to actually consuming the substance, even if possession is not proven.
You don’t have to be drunk to be charged. Even a small sip at a party or holding a friend’s drink can trigger a citation.
Penalties for Minors in Consumption or Possession of Alcohol Charges
The severity of the penalty for minors in consumption of alcohol cases depends on whether it’s a first, second, or subsequent offense.
First Offense – MIP
A first offense is classified as a petty offense, and you may face a fine of up to $100, a mandatory substance abuse education program, up to 24 hours of community service, and potential revocation of your driver’s license.
Second Offense – MIP
A second offense carries similar fines but adds a mandatory substance abuse assessment and treatment if recommended, increased community service hours, and the possibility of a longer license suspension.
Third or More Offense – MIP
A third or subsequent offense is treated more seriously and may be charged as a Class 2 misdemeanor. Penalties can include up to 120 days in jail, fines as high as $750, probation, further treatment, and license revocation.
As you can see, the penalties escalate with subsequent offenses. What starts as a seemingly petty charge can quickly become a serious legal matter with long-term consequences.
Collateral Consequences of an MIP or MIC Charge
Aside from legal penalties, there are life consequences that many families don’t realize until it’s too late:
- You may lose scholarships or face disciplinary action from your school;
- A criminal record could negatively affect internships, jobs, or housing;
- Military recruiters and college admissions officers often review even minor infractions; and
- Your auto insurance rates may increase, or your policy could be dropped.
These penalties affect more than just your weekend plans. They can disrupt your future.
How Long Does a Minor in Possession Stay on Your Record?
In Colorado, a first offense for MIP is typically sealed upon case closure. Subsequent MIP convictions remain on your record for one year. After this year, you may be eligible to petition the court to seal or hide the record from public view. A defense attorney can help you determine when and how to file.
Defenses to MIP and MIC Charges
Just because a minor is cited doesn’t mean the case is open-and-shut. There are multiple ways a defense lawyer might challenge the charge. Some examples include:
- No actual possession or consumption. The prosecution must prove that you had control over or consumed the alcohol. Proximity to the substance isn’t enough.
- Faulty chemical testing. Breathalyzers and other tools must be properly calibrated and used. Mistakes happen.
- Unlawful search or seizure. If law enforcement violated your constitutional rights, the case could be dismissed.
- Emergency exception. Colorado law allows minors to possess or consume alcohol if they are helping someone in a medical emergency and contacting authorities.
The effectiveness of these defenses relies on the specific circumstances of the case. Speaking with a lawyer early in the case gives you the best shot at identifying and using the best defense for your case.
How Defense Lawyer Mark S. Rubinstein Can Help
MIP or MIC charges might seem minor, but they carry long-term consequences if improperly handled. With more than 30 years of experience in Colorado’s criminal justice system, I know how underage alcohol charges affect families and futures. I handle every case myself and work directly with each client to identify the best path forward. My goal is to help young people move on from a mistake without it defining their lives by doing the following:
- Reviewing the facts of the citation and arrest,
- Determining if the police violated your rights or failed to follow procedures,
- Seeking case dismissal or deferred judgment programs, and
- Petitioning the court for record sealing when eligible.
Legal representation can make the difference between a clean slate and a permanent mark on your record. Trust Mark S. Rubinstein for your defense.
Take the Next Step to Protect Your Future
If you or someone you love has received a MIC or MIP citation, don’t wait. Your next decision can impact your record, reputation, and opportunities for years to come. Let’s talk about your options and possible defenses. Contact Mark S. Rubinstein for an expert consultation today.
FAQs
Can I Lose My License for a Minor in Possession Charge?
License suspension is a possible consequence, especially for repeat offenses or when alcohol is detected in your system.
Is It Possible to Get an MIP or MIC Charge Dropped?
If procedural errors, lack of evidence, or certain exceptions apply, a defense lawyer may be able to get the charge dismissed or diverted.
Do I Have to Tell Colleges About an MIP?
If an application asks about any criminal or alcohol-related history, you must disclose it. Even petty offenses can be relevant.
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