Local Georgia Police Department on MIP Sting

According to reports out of Dunwoody, there was an undercover operation that took place this past week. The purpose of the operation was to identify local businesses that sell alcohol to underage patrons.

Four out of the thirteen businesses that were targeted sold alcohol to minors. This operation was conducted “in an effort to reduce alcohol-related underage drinking problems,” according to authorities.

As a Georgia DUI Lawyer, I will outline one of the criminal offenses that my firm often handles - minor in possession of alcohol also known as MIP in Georgia.

Minor in Possession in Georgia

Minor in Possession in Georgia is defined by Georgia Law in O.C.G.A. §3-3-23 as:

Except as otherwise authorized by law:

(1) 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;

(2) No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;

(3) 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;

(4) 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

(5) 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.

A police officer has the authority and discretion to either issue a citation or arrest you for minor in possession. If arrested, the arrest will be entered on your criminal history.

The maximum penalty for a minor in possession charge in Georgia is a $300 fine and six months in jail. It may be possible to negotiate a dismissal of the charge in exchange for the performance of community service, completion of a clinical evaluation or drug and alcohol class, a fine, or a combination of other potential alternatives. If the charge is dismissed, it is possible the charge can also be expunged (permanently removed) from your criminal record and avoid a license suspension.

Practice Note

MIP charges are common throughout the state of Georgia.  You are susceptible to an MIP conviction regardless of whether you submitted to a breath test during the arrest procedure.  If there is evidence that you consumed alcohol, even if you are not found in actual possession of alcohol, you can be charged with Minor in Possession of Alcohol.

Most people believe that getting cited or arrested for MIP isn't that big of a deal. However, a Minor in Possession is a criminal offense and will go on a person's criminal record. Call a Georgia DUI Attorney today if you or a loved one has been arrested.