What is a MIP? As a Parent, What Do You Do?
A Minor in Possession (MIP) is a citation or charge given to someone under 21 who is caught possessing alcohol, or in some states, illegal drugs or paraphernalia. It's typically a lesser charge than a DUI/DWI since it doesn't require proof of impairment or driving, just possession while underage. Depending on the state, it can be a civil infraction, a misdemeanor, or something in between, and consequences often include fines, mandatory alcohol education classes, community service, license suspension in some states (even if the person wasn't driving), and a record that may need to be disclosed on certain college or job applications. It’s also important to mention that if this happens off-campus, the college or university will be notified. In that situation, a student may also experience consequences related to the university, in addition to what is legally required. It can be a really overwhelming, and unfortunate situation for a young adult.
If you’re a parent of a young adult who just got a MIP, find the information below useful in what to do:
Understand your state's specific consequences. MIP laws and penalties vary significantly by state, so it's worth looking up (or asking an attorney) exactly what your state imposes. This could include fine amounts, whether license suspension applies, whether it's civil or criminal, and whether the record can later be expunged. This context helps you and your young adult know what's actually at stake. Note, this is unrelated to what a college or university will also require as this will be a separate sanctioning.
Consider whether a lawyer is worth it. For a first offense, many families handle an MIP without an attorney, especially if it's a civil infraction with a straightforward fine. But if it's a repeat offense, involves other charges, or your young adult is in school on a scholarship or in a program with a conduct code, a brief consultation with an attorney can help you understand if it's worth fighting or negotiating down.
Let your young adult manage the logistics. As with other legal consequences at this age, it's usually more useful long-term for your young adult to be the one contacting the court, paying fines (even if you help financially), and completing any required classes. This reinforces that they're capable of and responsible for handling the fallout of their own choices. It also allows them to fully feel the consequences to their actions, as the tasks above can be confrontational or disappointing.
Use it as a low-stakes opening for conversation. An MIP is often a young adult's first real brush with legal consequences, and usually a far less severe one than a DUI. That makes it a good, lower-pressure opportunity to talk honestly about their alcohol use, peer pressure, and decision-making, before a much more serious incident happens. If you also hadn’t fully discussed any genetic predisposition, now would be a perfect opportunity to discuss this honestly. In the grand scheme of things, MIP can be a minor offense. Depending on the law enforcement that gave your young adult the citation, they could have slapped on a lot of other charges as well. If they’re open to it and you’ve personally experienced it, educate them on what else could have gotten them in trouble. If you’re visibly intoxicated? That’s Public Intoxication and can sometimes warrant a night in jail to “sleep it off.” If you’re caught peeing in public because you’re drunk outdoors, that’s Indecent Exposure. If you’re having an argument in public while drunk, that’s Disorderly Conduct. These are only a handful of other common citations that underage college-aged young adults get in trouble with. And once in the legal system, other run-ins create a wrap sheet that could potentially follow your young adult.
As a parent, you don’t have to wait until they get in more trouble before getting them the help that they may need.
For questions or comments contact Joanna.
