Experienced Criminal Defense Attorney for Minor in Possession and Consumption Charges in Denver, CO
Facing a minor in possession (MIP) charge in Denver can be a serious matter with both short and potentially long-term consequences for a young person. These charges come with penalties like fines, community service hours, and substance abuse education programs, among other penalties.
Jeff Weeden, an experienced Denver MIP lawyer at WeedenLaw, is dedicated to defending minors in Denver, CO and the surrounding areas, including Jefferson County, Douglas County, Arapahoe County, and beyond. His understanding of Colorado MIP laws helps him protect minors’ futures by challenging illegal possession and consumption charges in a way that minimizes their impact.
If your child is dealing with a Colorado MIP charge, call WeedenLaw at (720) 307-4330 or send a message online to speak with a skilled Denver criminal defense attorney today.
Colorado Drinking Laws
In Colorado, underage possession or consumption of alcohol is strictly prohibited. As such, anyone under twenty-one years who possesses, attempts to purchase, or consumes alcohol is violating Colorado law. These charges carry serious consequences, as the state commits illegal possession as a strict liability offense, meaning intent does not factor into the charge.
For young persons in Denver, a law enforcement officer may issue a possession charge even if you weren’t caught actively drinking, and if you’re found to have actually consumed alcohol, the penalties can be even more severe. This may lead to fines, court-ordered substance abuse education programs, community service hours, and, in some cases, even jail time for repeated offenses.
What is an MIP?
A “MIP” stands for Minor in Possession. MIP laws in Colorado cover a range of actions for underage persons, including possessing ethyl alcohol (beer, wine, liquor) or marijuana paraphernalia or trying to buy these substances. MIP charges also apply when a minor has consumed alcohol or drugs. This offense is categorized as an unclassified petty offense, but can still carry serious consequences depending on the situation.
An MIP conviction is a big deal, especially if it’s not the first offense. The penalties increase with each MIP conviction, so early intervention is essential. Our Denver criminal defense attorneys at WeedenLaw can help you understand what a Colorado minor in possession charge means and create a strong defense to protect your rights.
Colorado Revised Statutes § 18-13-122
Colorado Revised Statutes § 18-13-122 defines the laws surrounding underage possession and consumption of alcohol and marijuana in Colorado. According to this law, “any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person.”
The law also states, “a person under twenty-one years of age who possesses marijuana paraphernalia and either knows or should reasonably know that the paraphernalia could be used in illegal circumstances is committing illegal possession of marijuana paraphernalia.”
Both of these offenses are strict liability offenses, meaning intent does not matter; a law enforcement officer can issue a possession charge based solely on the presence of alcohol or marijuana.
Penalties for violating this statute may include mandatory fines, public service hours, and substance abuse evaluation and treatment. For repeat offenses, the penalties become even more severe.
Common Scenarios Leading to MIP Charges
Here are some everyday scenarios where an MIP charge might be warranted in Colorado:
- Being at a Party with Alcohol Nearby: If you’re under twenty-one and at a party with alcohol in your immediate presence, whether on private property or in a public setting, law enforcement could issue a MIP charge if they suspect you’ve been drinking, even if you haven’t taken a sip.
- Drinking in Public Places: Consuming alcohol or even appearing to consume alcohol in public areas can lead to an MIP charge.
- Riding in a Car with Alcohol Present: If there’s alcohol in a vehicle you’re in—such as under the seat or in a bag— an officer can issue MIP charges to everyone, regardless of who actually owns it.
- On-Campus Grounds with Alcohol or Marijuana Paraphernalia: Being found on school grounds possessing marijuana paraphernalia or alcohol can result in a MIP charge. Local officers or campus police may still issue this charge if the alcohol or paraphernalia is in your immediate presence, even if another person owns it.
- Buying Alcohol with a Fake ID: Trying to buy alcohol underage with a fake ID can get you charged with a MIP. Law enforcement officers view this as an attempt to consume alcohol illegally, which is a violation of Colorado law.
Each of these situations can lead to a criminal charge that could follow you for years, which is why it’s important to have an experienced Denver MIP lawyer on your side to fight for the best outcome.
Is an MIP a Misdemeanor?
In Colorado, a Minor in Possession (MIP) charge is considered an unclassified petty offense rather than a misdemeanor. Like with most criminal charges, a first offense typically involves lighter penalties, while subsequent offenses have stricter consequences. This means an MIP conviction, especially after previous convictions, can have lasting effects on a young person’s record and future.
If your child is facing these charges, an experienced Denver criminal attorney like Jeff Weeden can help guide you through Colorado law and fight for a reduction in penalties.
What Happens When You Get an MIP?
Getting a Minor in Possession (MIP) charge can be overwhelming, especially when you’re unsure of the possible penalties and how each offense builds on the last. Below, we’ll explain what happens when you get an MIP in Colorado and how the consequences increase with each offense. Understanding these details can help you prepare for what to expect and explore options to minimize the negative impact of an MIP on your future.
Minor in Possession of Alcohol First Offense
A first-offense MIP charge in Colorado is usually treated with less severe penalties, but it still carries consequences. With the first conviction, you may be required to pay a fine of no more than $100, complete a substance abuse education program to learn about the risks and effects of alcohol use, or both.
While a first-offense MIP might seem like a minor issue, it’s important to take it seriously. Because the charge goes on your record, it can affect things like college applications, campus opportunities, and future job possibilities.
MIP Charge Second Offense
If an underage person is convicted of a second Minor in Possession (MIP) offense, the court may also fine them up to $100. Additionally, the court may require them to complete a substance abuse education program approved by the Colorado Department of Human Services, undergo a substance abuse assessment, if deemed necessary, and follow any recommended treatment, and perform up to 24 hours of community service.
Third and Subsequent MIP Charges
For a third offense and any additional offenses thereafter, the penalties increase drastically, and keeping the charge off your record becomes more challenging.
A third or subsequent conviction for MIP in Colorado often includes higher fines (up to $250), more community service hours (up to 36 hours), and a mandatory substance abuse assessment and treatment to address any concerns about drinking habits.
Can MIP Charges Be Expunged From a Juvenile’s Record?
An MIP charge can affect various aspects of your child’s future chances, including college applications, job opportunities, the ability to obtain a driver’s license, and more. Fortunately, MIP charges can often be removed from a juvenile’s record in Colorado through record sealing or expungement.
For first-time convictions, record sealing occurs automatically once all fines are paid and any court-ordered treatment, diversion program, or deferred adjudication terms have been completed. For multiple MIP convictions, however, you generally must wait at least one year before petitioning the court to expunge your records. Additionally, if the juvenile was found not guilty or had their case dismissed, the record can also be expunged by the court.
A Denver expungement lawyer can guide you and your child through the necessary steps to see if they qualify for record sealing and help you understand if and when the MIP record can be expunged. This process can offer a fresh start and protect your child’s future opportunities by keeping past mistakes private.
Defending Against MIP Charges
When facing a MIP charge, having a strong defense can make all the difference in reducing or dismissing the charges. A skilled criminal defense attorney can review your situation and help determine the best approach based on the details of your case.
In some situations, you may be able to use an affirmative defense, where you admit the substance was in your possession but argue it was for specific reasons allowed by the law. For instance:
Parental Consent on Private Property – The alcohol was possessed or consumed legally on private property with the permission of a parent or guardian who was present at the time.
Non-Intentional Alcohol Ingestion – The presence of alcohol was for medicinal or hygienic purposes OR resulted from:
- A confectionery item containing alcohol within legal limits,
- A substance not intended for drinking but containing alcohol,
- A beverage with less than 0.5% alcohol content by weight.
Educational Tasting for Students – If the minor was enrolled in an accredited culinary or restaurant management program and:
- Tasted but did not drink the alcohol,
- Was supervised by an instructor over age 21,
- Only ingested the alcohol for instructional purposes and remained under the instructor’s control.
Religious Purposes – The alcohol was consumed for religious purposes protected under the First Amendment.
Good Samaritan Immunity – The minor is immune from prosecution if they:
- Called 911 to report another underage person needing medical assistance due to alcohol or marijuana use,
- Provided their name to the operator,
- Were the first to make the report,
- Stayed on the scene and cooperated with medical or law enforcement personnel until help arrived.
These defenses may help reduce or eliminate penalties associated with MIP charges, depending on the specific circumstances of each case.
The Importance of an Experienced Colorado Juvenile Defense Lawyer
Having an experienced Denver juvenile defense lawyer like Jeff Weeden at WeedenLaw can make a huge difference in the outcome of your case if you are an underage person facing a Minor in Possession charge.
At WeedenLaw, we understand how these charges can impact a young person’s future, from school opportunities to job opportunities and more. With years of experience handling MIP cases and various other juvenile charges, Jeff and his team can help fight to protect your record and limit the consequences of an MIP conviction.
Is Your Child Facing MIP/MIC Charges? Call Denver Criminal Defense Attorney Jeff Weeden at WeedenLaw Today
If you or your child is facing an MIP charge, don’t leave their future to chance. Jeff Weeden at WeedenLaw is here to help protect their rights and work toward the best possible outcome.
With extensive experience in juvenile defense, we understand the importance of minimizing the impact of these charges. Call WeedenLaw today at (720) 307-4330 or email jlweeden@weedenlaw.com for a free consultation and take the first step in securing a brighter future for your child.
