Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person – (C.R.S. 18-13-122), also known in Colorado as “Minor in Possession of Alcohol”, or simply MIP. We often get calls from parents of students in Ft. Collins, Greeley, and Boulder Colorado, charged with this crime. A student living away from home in an environment where it is only legal for some to drink is a recipe for trouble. In Larimer, Weld, or Boulder County, it is illegal for anyone under the age of 21 to consume or even possess alcohol, and college campuses are a particular problem.
Any Conviction for MIP Can Have a Lifelong Impact
Punishment that used to be between the faculty and a student or between a parent and child, no longer exists. Like it or not, (I don’t) the government has taken that role, and the punishment they inflict has lasting effects. So when good kid gets in trouble for doing a dumb thing, you need someone on your side who understands. You also need someone that knows the law. That is when you need to call the O’Malley Law Office.
Penalty for MIP Convictions in Colorado
A first conviction for a Minor in Possession of Alcohol, MIP, in Weld and Larimer County can result in a fine of not more than $250.00, and up to 24 hours of Useful Public Service (UPS). The court may also order an alcohol evaluation, alcohol education program, or alcohol treatment at your own expense. On the second offense, the fine can double to $500.00, and the court will order an evaluation and education/treatment. With a third or more conviction in Arapahoe, Douglas or Denver County, an MIP is treated as a class 2 misdemeanor with more serious consequences, including the possibility of county jail.
An MIP conviction will also have repercussions on your driving privileges under C.R.S. 42-2-125. It does not matter if a vehicle was involved in the offense! If convicted, you may have your license revoked for 3 months with no probationary license. Upon a third conviction it can be up to one year.
At the O’Malley law office, P.C., we always look at the bigger picture. We know a conviction of any kind may keep a person from employment, foreign travel or entering the military, so we fight hard for the best possible outcome to your case. If you are under 21 years old and are accused of Minor in Possession of Alcohol, remember you are not required to take a breathalyzer or blood test. This is different than a DUI / DWAI, and the rules are not the same. But one piece of advice remains unchanged: “be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.