Arizona Minor in Possession (MIP) and Minor in Consumption (MIC) Laws

A Minor in Possession (MIP) charge refers to an underage person, meaning anyone under 21, being caught in possession of alcohol. This includes physical possession (like holding a can or bottle) or constructive possession, such as having alcohol in a backpack, car, or bedroom.

Arizona does not require a minor to be drinking alcohol to be charged with MIP. Having physical possession of it can be enough to be cited under the law.

Under ARS § 4-244(9), it is illegal for a person under 21 years of age to buy, receive, possess, or consume spirituous liquor. It’s important to know that MIP charges are usually Class 1 misdemeanors, the most serious class of misdemeanor under Arizona law.

Under Arizona laws, a Minor in Consumption (MIC) charge happens when a person under the legal drinking age of 21 has consumed alcohol, regardless of whether they are caught with the bottle or can.

Police can cite a minor for MIC even if they only appear intoxicated or test positive for alcohol during a breathalyzer or field sobriety test for the consumption of alcohol.

This underage drinking charge is also governed under Arizona Revised Statute 4-244(41), which makes it unlawful for a person under 21 to have alcohol in their system, with few exceptions like religious ceremonies or under parental supervision at home.

Again, MIC is a Class 1 misdemeanor in Arizona and carries penalties similar to MIP.

Although these charges are misdemeanors, the consequences can feel severe, especially for teens, college students, and first-time offenders. Here’s a breakdown of potential penalties:

• Up to 6 months in jail
• Fines up to $2,500, plus surcharges
• Mandatory alcohol education or treatment programs
• Driver’s license suspension (even if not driving at the time)
• Community service
• Permanent criminal record if not diverted or expunged

Because these are Class 1 misdemeanors, the maximum penalty is the same as other high-level misdemeanors, even if the offense feels less serious. However, courts often consider plea deals or diversion programs, especially for first-time offenders.

Having an experienced defense attorney like Christian Lueders at Guardian Law Group can help you avoid harsh penalties and seek dismissal or alternative outcomes.

MIP and MIC charges often occur during:

• Spring Break or Summer Break parties
• Tubing trips on the Salt River
• High school proms and graduation parties
• College dorm gatherings or fraternity events
• Lake Havasu or Canyon Lake trips
• Tailgating or homecoming parties

For example, a 19-year-old ASU student caught holding a beer while tailgating before a football game could be charged with MIP, even if they never took a sip. Or a high school student who appears tipsy at prom could be cited for MIC based on a breathalyzer reading alone.

Even sober minors who are simply in the presence of alcohol, such as being in a car where others are drinking, may be at risk of a MIC or MIP charge if police believe they had access or possessing alcohol.

There are several defenses that a skilled attorney can use to reduce or dismiss MIP or MIC charges. At Guardian Law Group, attorney Christian Lueders brings his experience as a former felony prosecutor to anticipate and challenge the State’s arguments.

Common Defense Tactics:

1. Lack of Possession
• The alcohol wasn’t in your possession or control.
• It may have belonged to someone else nearby.

2. No Consumption Evidence
• No physical or chemical evidence proves alcohol was consumed.

3. Unlawful Stop or Search
• If police violated constitutional rights, the case may be thrown out.

4. Faulty Test Results
• Field sobriety tests or breathalyzers can be inaccurate or mishandled.

5. Diversion or Deferred Prosecution
• For first-time offenders, we can often secure a path that leads to dismissal.

Guardian Law Group regularly negotiates diversion programs where charges are dropped after completing community service or alcohol education, avoiding a conviction altogether.

⑴ Can you be charged with MIP if you weren’t drinking?

Yes. Simply holding or being near alcohol while underage can lead to a Minor in Possession charge.

⑵  I go to jail for a first MIP or MIC offense?

Jail is rare for a first offense, especially with an attorney who can pursue alternatives like diversion or plea agreements.

⑶ Can MIP or MIC charges affect my college or scholarships?

Yes. Criminal charges can lead to student conduct hearings, probation, or loss of financial aid.

⑷ Can my driver’s license be suspended even if I wasn’t driving?

Yes. Arizona can suspend a minor’s license for an alcohol offense under certain conditions, even if a car wasn’t involved.

⑸ Can a lawyer get my MIP or MIC charge dismissed?

Yes, in many cases, especially for first-time offenders. Christian Lueders often secures dismissals or diversion options that keep the record clean.

• Arizona takes underage alcohol offenses seriously, even if no driving is involved.
• MIP and MIC charges are Class 1 misdemeanors with long-term consequences.
• First-time offenders often qualify for diversion programs or reduced charges.
• You can be charged even if you weren’t drinking; mere possession or presence may be enough.
• An experienced attorney like Christian Lueders can help protect your record and fight the charges.

If you or your child is facing a Minor in Possession or Minor in Consumption charge, don’t take chances with the court system. These charges may seem minor, but they can leave a lasting mark if not addressed properly. At Guardian Law Group, Christian Lueders brings years of experience, including time as a felony prosecutor, to defend young clients and keep their futures on track.

Christian often understands how prosecutors think, what police are allowed to do, and how to negotiate for the best outcomes. Whether your child was cited at a dorm party, caught with alcohol at a lake event, or ticketed during spring break, Guardian Law Group will review every detail to build a strong defense.

We offer free consultations where you can speak directly with a defense attorney,  not a paralegal or assistant. You’ll get answers, clarity, and a clear plan forward.

Call (480) 316-4618  or visit our Contact Page to schedule your free consultation today.