Minor in possession of alcohol first offense georgia

The laws are extremely strict in regards to minors who are in possession of alcohol, or found to be drinking and driving. When charged with this offense, it is crucial to get immediate legal assistance from a seasoned Atlanta DUI attorney. At The Law Offices of Richard S. Lawson, our team has handled countless cases and assisted numerous young individuals protect their futures from such serious consequences.

We have over 20 years of experience exclusively handling DUI cases, and have handled many "minor in possession" charges in court. In some cases, with fast and effective action, we have been able to get the charges dismissed or reduced. In order to determine how to proceed with your defense, be sure to reach out to our firm right away. Timing is vital in your case, so do not delay any longer!

Consequences for Possessing Alcohol as a Minor

It is illegal for a minor to purchase alcohol, just as it is illegal for someone to sell or give alcohol to a minor. However, it is not illegal for someone under the age of 21 to serve or handle alcohol at a licensed establishment, take orders for alcoholic beverages, or any other conduct related to employment. Anything outside of employment will likely result in criminal charges.

Underage possession of alcohol penalties include:

• 6 month license suspension for attempted purchase of alcohol
• 120-day license revocation for possession of alcohol
• 120-day revocation for being in possession of alcohol while driving
• 10 days to a 1 year in jail, up to $1,000 in fines, and 6 month license suspension for a first DUI
• 90 days to 1 year, up to $1,000 in fines, and 12 month license suspension for a second DUI

Alcohol-related convictions can ruin a young person's life, making finding a job, college, or even housing difficult in the future. You cannot afford to let these charges go! Fight to keep your record clean by calling on our Atlanta DUI attorneys today for trusted counsel.

Everyone knows that people under the age of twenty-one years of age drink. However, that does not make it legal. If you are under 21, or your son/daughter is under 21, and caught with alcohol, you or they can and possibly will be charged with breaking the law. This charge is known as a “Minor in Possession” of alcohol.

The Georgia law against minors possessing alcohol is O.C.G.A. § 3-3-23. It states that no person under age 21 shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage. There are, of course, exceptions. Inside the literature of the code, the exception is that “This law does not apply to minors possessing alcohol for medicinal purposes, religious ceremonies, or when the parent or guardian allows the underage person to consume alcohol in the home.” Also, minors are actually allowed to serve alcohol as part of their job (at a licensed establishment).

What qualifies as possession of alcohol? First there is the obvious, physically holding the alcohol in your hands or having it in your car. There is another way you can be charged with possession of alcohol. Even if you do not physically have alcohol bottles or cans on your person, you can be charged with possession for possessing the alcohol in your body.

If you have alcohol on your breath, or are showing the signs of drunkenness through movement and behavior, this can give the officer probable cause to administer a breathalyzer test and charge you with being a minor in possession of alcohol.

A first time minor in possession charge is considered a misdemeanor. If convicted of this, your license will be suspended for six months. The maximum fine a judge can choose to impose on you is 300 dollars and the maximum jail time is six months. No limited driving permit will be available. If your son or daughter is under 21, and being charged with this, it is hopeful that it is their first legal offense, therefore making them eligible for first offenders.

If you or a family member has been charged with minor in possession, it is important that you get the best legal representation possible to prevent something so trivial (that our state takes very seriously) from ruining things by giving you or them a criminal record so early in life, before the age of 21.

When a person who is under the age of 21 is arrested with alcohol, they are cited with a Minor in Possession (MIP) charge. People who are unfamiliar with the possible penalties related to a Minor in Possession charge might think “kids will be kids” and assume it’s not a big deal. While having a drink before your 21st birthday might not seem like a big deal, when the police get involved, it is certainly a big deal.

Phyllis has extensive experience getting great results in Minor in Possession Cases. Video & phone consultations available.

Minor in Possession is an Easy Crime to be Charged With

The laws around underage drinking are strong and can be enforced quite aggressively. There are countless situations where a person under 21 (especially in or around a university campus) might engage in drinking. In a great majority of those situations, a police officer would simply tell them to go home. However, a person can be charged with Minor in Possession in a number of problematic circumstances:

• Police Officers Can Charge MIP Very Aggressively
  Someone typically made one or two bad decisions to be in a situation where they were charged as a minor in possession. You might have been at a party where underage drinking was happening, or been with a group where some of the people were drinking and everyone got charged. There are countless additional charges (noise violations, possession of a small amount of marijunana, illegal alcohol sales, providing alcohol to someone under 21) that can come from a party situation. Having a lawyer can help you ensure your side of the story is told.
• Police Officers Do Not Need Physical Evidence to Arrest You for MIP
  While the very word “possession” would suggest that some physical evidence was needed, a police officer simply testifying that the smell of alcohol was detected can be enough for a Minor in Possession charge. In cases like this it’s essential to have an attorney on your side.
• Prosecutors Can Pursue MIP & Related Charges Aggressively
  Because a person is considered a minor when they are under 18, but the legal drinking age is 21 a number of problems can arise in a mixed-age crowd. For example, a 17 year old drinking with an 18 year old could result in that 18 year old being charged both for underage possession as well as providing alcohol to a minor.

Consequences for Minor in Possession Charge in Georgia

The penalties for a minor in possession of alcohol in Georgia is a misdemeanor charge. For the first conviction you will see a fine of up to $300, jail time of up to six months (this is very uncommon). The penalties can be minimized and in some cases avoided in exchange for the minor engaging in community service, a drug and alcohol evaluation or combination of other alternatives.

• If a car was involved, an Underage DUI or other charges may be involved.
• If a license was used to attempt to purchase alcohol, the license can be suspended.
• If the alcohol was found in a car, even if no one was drinking, your driver’s license can be suspended.

Minors Attempting to Purchase Alcohol

Another legal trap where a minor can get in trouble without even having possessed alcohol is a minor attempting to purchase alcohol. This is against the law whether or not the person under 21 attempting to purchase shows a fake ID (which is another chargeable offense) or not. A frustrated store owner may choose to call the police for a minor simply attempting a purchase.

Minor in Possession in Georgia

The law(s) addressing a minor in possession of alcohol or attempting to purchase alcohol are as follows:

O.C.G.A. §3-3-23 states: Except as otherwise authorized by law:

• No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age;
• No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
• No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;
• No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
• No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

Contact Phyllis for a Consultation to Work Towards Resolving Your MIP Charge

Phyllis Gingrey Collins is an experienced and effective attorney focused on juvenile defense law. She works to understand the background and potential of young people facing a crossroads after a criminal charge. To learn more about how Phyllis can help you resolve your Minor in Possession charge and get your life back on track, contact us for a consultation.

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