March 24th, 2025
Posted By
Stephen Lebedevitch
Police officer arresting a woman with handcuffs

Connecticut’s Minor in Possession (MIP) law makes it illegal for someone under age 21 to possess or consume alcohol. Minor in Possession is a criminal infraction, punishable by a fine of $200 to $500 and a 30 to 60-day driver’s license suspension. MIP charges often accompany charges for underage DUI.

If your child was charged with MIP, The Lebedevitch Law Firm, LLC, can help. Criminal attorney Stephen Lebedevitch has over a decade of experience representing people charged with crimes throughout Connecticut. He can analyze your situation, explain and help you evaluate your options, and prepare a vigorous legal defense to achieve a favorable outcome.

Contact The Lebedevitch Law Firm today to schedule a confidential appointment to discuss your situation and how we can help.

What Is an MIP Charge?

Under Connecticut’s MIP law, it is unlawful for someone under age 21 to possess alcohol in any public or private place. The crime is a criminal infraction, and a first offense is punishable by a fine of $200 to $500 and a driver’s license suspension of 30 to 60 days. If the person charged with MIP does not yet have a driver’s license, they are ineligible for a license for 150 days after meeting all other requirements.

Connecticut recognizes several important exceptions to the Minor in Possession law. Minor in Possession does not apply to:

  1. A person over age 18 who is employed by an alcoholic liquor permittee and possesses alcohol in the course of his or her employment;
  2. A minor who possesses alcohol on the order of a practicing physician; or
  3. A minor who possesses alcohol while accompanied by a parent, guardian, or spouse who is age 21 or older.

Minors are immune from criminal prosecution for illegally possessing alcohol when they call 9-1-1 to prevent another person’s death or serious injury.

Proving Minor in Possession

To prove an MIP charge, the prosecutor must establish, beyond a reasonable doubt, that:

  1. The defendant was under age 21 at the time of the citation; and
  2. They consumed, possessed, or attempted to possess alcohol.

The prosecutor can establish possession in one of three ways:

  1. The defendant was in actual physical possession of alcohol, such as if they were holding an open or unopened alcoholic beverage or were carrying a bottle of liquor or case of beer.
  2. The defendant was in constructive possession of alcohol, such as driving with a case of beer in the car.
  3. The defendant consumed alcohol, such as if the officer smelled alcohol on the defendant’s breath, there was an “odor of alcohol emanating from the vehicle,” or the defendant failed a sobriety test.

What To Do If You Were Charged with MIP

The consequences of a conviction for MIP can be severe and far-reaching, even though the crime is “only” a criminal infraction. Potential penalties include fines, community service, and a driver’s license suspension. In severe cases, a minor in possession of alcohol could face jail time. They could also face difficulty applying for jobs, school, loans, or housing.

A strong defense against MIP charges focuses on whether the defendant was in possession of alcohol, whether the police violated any of the defendant’s constitutional rights, and whether any of the exceptions to Connecticut’s MIP law apply.

If you were charged with MIP, stay calm and carefully review the citation. You have the right to remain silent, and you should seek legal counsel as soon as possible. An attorney can protect your rights and negotiate with the prosecutor to explore reduced penalties or alternative sentencing arrangements that allow you to avoid the most severe penalties.

How a Defense Attorney Can Help

Defense attorney Stephen Lebedevitch has extensive experience defending people charged with MIP. He will carefully examine the circumstances of your arrest, help you evaluate your options, and prepare a vigorous legal defense.

Contact The Lebedevitch Law Firm Today

The Lebedevitch Law Firm is located in Fairfield, Connecticut, and represents people in Fairfield and New Haven counties and throughout Connecticut.

Contact our law office today to schedule an appointment to discuss your situation and how we can help.