As per laws in Colorado, people under the age of 21 are not permitted to either have alcohol with them or even drink it. The minor in possession (MIP) laws have been created so as to stop underage drinking. In case a 21-year old is found in possession of alcohol, or if he or she has alcohol in his or her body or in his or her vicinity, then the officers can ask that person to take a breath control test in order to determine if he or she had alcohol or not.
Drinking and Possession of Alcohol
There are several ways in which a minor can
defend successfully in an MIP case. If the minor consumed or possessed alcohol
or marijuana while he or she was legally on the private property of someone
else with his or her knowledge and consent, and if the act was known and
permitted by the parents or legal guardian of the minor, then it will not be an
MIP offence. Secondly, the same would apply if the alcohol in the minor’s body
had alcohol that came from ingesting a substance not meant for such purposes or
any confectionery it can be considered to be a defence. Thirdly, if the alcohol
was consumed or possessed for religious reasons as mentioned in the first
amendment to the United States Constitution, it may not be adjudged an MIP case.
Drinking and Possession of Alcohol
In
case people are found violating the above mentioned law, then they will be
subject to punishment to the extent mentioned by the laws in Colorado. These
minor in possession Colorado laws are rather strict. In case of the first
conviction the concerned person will need to pay a maximum fine of 250 dollars
and his or her driver’s license will be suspended for a period of 3 months. In
case of the second conviction the fine will be doubled to 500 dollars at the
most, as will be the period till which the driver’s license stays suspended – 6
months. The third or next convictions will see the person leveled with Class 2
misdemeanor offense charges.
This
time the fine will be 1000 dollars at the most and the person will be sentenced
to a year in jail. The driver’s license will be suspended for a year as well.
This is how the minor in possession law works in Colorado. There are some
additional punishments in such convictions as well. The judge can ask the
concerned person to undertake 24 hours in community service. He or she can also
be asked to take an alcohol evaluation test. He or she may have to take part in
an alcohol treatment program or education course. They need to pay for the
program from their own pocket. He or she may also have to pay 25 dollars as
penalty surcharge. This money will be added to the adolescent substance abuse
prevention and treatment fund.
Minor in Possession of Marijuana
In
case a minor is found in possession of marijuana or with marijuana in his or
her body then he or she will be charged with marijuana MIP. Conviction in such
cases could seriously affect one’s eligibility for important financial
assistance such as Federal Student Financial Aid.
Evidence in MIP Cases
As
per laws in Colorado if an officer suspects that a minor has consumed alcohol
or marijuana or is in possession of the same then he or she can ask the minor
for a breath test. The officer may also ask for such tests if he or she thinks
that the minor is showing characteristics of being in such a state. As per laws
the minor may also refuse to take the test.
Selling or Providing Alcohol to Minors
In
Colorado it is also against the law to sell alcohol to minors, or even serve or
provide it to them. Doing such an act will be regarded as a Class 2 misdemeanor
offence. The concerned person could be incarcerated to anywhere between 3
months and a year in jail. They may also need to pay a fine between 250 and
1000 dollars.
Civil Liability for Social Hosts
As
any experienced criminal defense attorney in Colorado would attest any civilian
who willingly serves alcohol to anyone else under 21 years of age, and if the
minor causes property damage or harms or kills anyone in the inebriated state
then he or she tool will be held responsible for that crime.
Taking Care of MIP Cases in Court
In
most cases the result of an MIP case depends on previous instances of
possession and subsequent conviction. The circumstances of the present case are
important as well. Experienced lawyers such as Steven J Pisani can help the
minors, as well as their guardians, with all the information that they may need
in the court along with the results of an MIP conviction. MIP can affect an
individual adversely in many important walks of life such as employment,
eligibility to drive, and schooling.
Defense Against MIP laws