As innocent as it may seem, a high school or even college gathering can lead to criminal charges if there is underage possession of alcohol in the state of Missouri. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
Missouri law provides that it is illegal for a minor, defined as under twenty-one years of age, to possess, purchase, or attempt to purchase intoxicating liquors. An individual who has in their possession, purchases, attempts to purchase, or is visibly intoxicated will be deemed to have consented to a breath, urine, blood, or saliva chemical test. There is one small exception, which only applies to students over the age of eighteen who are required to taste alcohol in conjunction with a culinary course (“for school purposes only”).
Possession
Possession can be established through actual or constructive possession, meaning you can be charged even if you are not physically holding a handle of [insert cheap vodka name]. This sort of thing is relatively common to happen when a car full of underage individuals is pulled over and the officer notices they have just picked up party supplies. Interestingly enough, the statute reads that the packaging of sealed containers alone is enough for the presumption that the contents are in fact intoxicating liquors. The burden will shift to the accused to prove it was not actually what it was labeled as.
Purchase or attempt to purchase
A person under twenty-one years of age who purchases or attempts to purchase can be charged under RSMo §311.325 as well. It is not unheard of for police to camp outside liquor stores known to sell to minors and approach young-looking individuals carrying alcohol out of the store. Beware that possession or use of someone’s drivers’ license or a “Fake ID” for this purpose is an additional, more serious offense.
Severity of the Offense
As with many other offenses in Missouri, the severity of a MIP increases for a subsequent offense. Generally, a first offense is charged as a Class D Misdemeanor, while subsequent offenses are Class A Misdemeanors.
First Offense MIP
A first offense minor in possession charge is a Class D Misdemeanor, which will carry a fine of up to $500. Additionally, being aged 16-20 will result in the suspension of your driving privileges for 30 days.
Second Offense MIP
A second offense minor in possession charge is a Class A Misdemeanor, carrying up to one year in jail, a fine of up to $1,000, and a 90-day license suspension.
Third Offense MIP
A third offense minor in possession charge is a class A Misdemeanor, which will carry up to one year in jail, a fine of up to $2,000, and a one-year license suspension.
The Takeaway
Despite a grim outlook, it is not impossible to beat a minor in possession (MIP) charge. A skilled Missouri criminal defense attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
