Add Your Heading Text Here
What is an MIP Charge
Are you or someone you know facing minor in possession (MIP) charges in Colorado Springs? We understand the stress and worry that comes with such a situation.
In Colorado, the most common legal issue faced by teenagers is MIP, which can result in fines, community service, and even driver’s license revocation.
Our in-depth research has uncovered the best strategies to navigate this complex situation and protect your future.
Points To Consider
In Colorado, it is illegal for anyone under 21 to possess or consume alcohol, according to Colorado Revised Statutes Section 18-13-122. A first offense MIP conviction can result in a fine of up to $250, community service, and a mandatory alcohol education program.
Penalties for subsequent MIP offenses are more severe, with fines up to $500, driver’s license revocation for 6 months to 1 year, and the charge being classified as a Class 2 Misdemeanor for a third or subsequent offense.
Defenses against MIP charges may include religious purposes, consuming alcohol from a substance not intended for consumption, or consuming alcohol on private property with the owner’s consent and a parent or guardian present. An experienced attorney can help identify the strongest defenses based on the specific circumstances of the case.
First-time MIP convictions are automatically sealed at the conclusion of the case, but for second or subsequent charges, the record can only be sealed one year after the conviction date if there are no additional arrests or convictions during that year. A motion to seal must be filed with the court to initiate the sealing process for these cases.
Colorado Springs Criminal Defense, LLC and our experienced attorney, Aaron Gaddis, can guide individuals through the complexities of Colorado’s MIP laws, help explore legal options, and assist with sealing MIP records to minimize the impact on their future. We can be contacted at 719-578-3344 for a free consultation.
Understanding Minor in Possession (MIP)
A minor in possession (MIP) charge is a serious offense that can lead to significant legal consequences.
According to Colorado Revised Statutes Section 18-13-122, it is illegal for any person under the age of 21 to possess or consume alcohol, with a few exceptions for religious, medicinal, or hygienic purposes.
Definition and Legal Age Restrictions
In Colorado, a minor in possession (MIP) charge applies to anyone under 21 who has or drinks alcohol.
State law says it’s illegal for an underage person to have alcohol in their body or on them, even if they’re not actively drinking it.
This law applies anywhere, including private property, unless the minor has a parent’s permission and supervision.
Specifics of Colorado Revised Statutes Section 18-13-122
Under Colorado Revised Statutes Section 18-13-122, it is illegal for anyone under 21 to possess or consume ethyl alcohol. This law applies to any alcohol in the minor’s body, whether consumed in Colorado or not.
The statute also prohibits minors from having alcohol in their immediate presence, such as in a backpack or car. Colorado law classifies MIP as a strict liability offense, meaning criminal penalties can apply even without intent. Exceptions exist for alcohol consumed for religious, medicinal, or hygienic purposes.
Penalties Associated with MIP Violations
The penalties for a minor in possession (MIP) conviction in Colorado can be severe, with fines, community service, and even jail time as possible consequences.
A first offense MIP conviction may result in a fine of up to $250, required alcohol education classes, and up to 24 hours of useful public service.
First Offense Penalties
The penalties for a first offense Minor in Possession (MIP) charge in Colorado can be severe. If convicted, you may face a fine of up to $250, up to 24 hours of community service, and a mandatory alcohol evaluation or assessment.
You will also need to complete an alcohol education or treatment program at your own expense. In addition, your driver’s license may be revoked for 3 months unless you complete an alcohol class.
We will work tirelessly to build a strong defense and explore all available options to minimize the impact of an MIP charge on your life. If you or someone you know is facing an MIP charge in Colorado Springs, don’t hesitate to contact us for a free consultation.
Subsequent Offense Penalties
Penalties for subsequent MIP offenses in Colorado are more severe. For a second conviction, you may face a fine of up to $500 and have your driver’s license revoked for 6 months.
If you are convicted of a third or subsequent MIP offense, it is classified as a Class 2 Misdemeanor, and your driver’s license may be revoked for 1 year. These penalties can also include community service, alcohol evaluation, and mandatory education or treatment programs.
Legal Defenses and Options
There are several defenses available to fight MIP charges, depending on the specific circumstances of the case.
We can help explore options such as diversion programs or alcohol education classes to potentially avoid a criminal record.
Possible Defenses Against MIP Charges
Several defenses may be available against MIP charges, depending on the circumstances. We can argue that the minor consumed alcohol for religious purposes protected by the first amendment.
If the minor ingested alcohol solely from a substance not intended for consumption, like a confectionery, it could be a defense. Consuming alcohol on private property with the owner’s consent and a parent or guardian present is another potential defense.
In some cases, we might show that the minor tasted alcohol in a supervised educational setting. We will carefully review the facts to identify the strongest defenses in your case.
The Process of Sealing an MIP Record
Sealing an MIP record in Colorado Springs can provide a fresh start for those who have faced minor in possession charges.
Our experienced attorney, Aaron Gaddis, at Colorado Springs Criminal Defense, LLC, can guide you through the process of determining your eligibility and taking the necessary steps to seal your MIP conviction, helping you move forward with a clean slate.
Eligibility Criteria
To be eligible for sealing an MIP record in Colorado, certain criteria must be met. First-time MIP convictions are automatically sealed at the conclusion of the case. However, for second or subsequent charges, the record can only be sealed one year after the conviction date, provided there are no additional arrests or convictions during that year. To initiate the sealing process for these cases, a motion to seal must be filed with the court.
At Colorado Springs Criminal Defense, LLC, we understand the importance of having a clean record. We can guide you through the eligibility requirements and help you navigate the process of sealing your MIP record.
Steps to Seal an MIP Conviction
To seal an MIP conviction, we must first petition the court one year after the conviction date. During this year, it’s crucial to avoid any additional arrests or charges. Once the year has passed, we can file a motion with the court to seal the record. The court will review the case and, if all requirements are met, grant the sealing of the conviction.
Conclusion
Facing MIP charges can be overwhelming, but you don’t have to go through it alone. We at Colorado Springs Criminal Defense, LLC understand the complexities of Colorado’s MIP laws and are here to help.
Our experienced attorney, Aaron Gaddis, and his team will work tirelessly to protect your rights and explore all legal options available. Contact us today at 719-578-3344 for a free consultation and let us guide you through this challenging time.
FAQs
What is considered a minor in possession in Colorado Springs?
In Colorado Springs, a minor under 21 caught with alcohol faces charges for illegal possession. This is a criminal offense under Colorado law.
What are signs a minor has consumed alcohol?
Slurred speech, bloodshot eyes, and the odor of alcohol on a minor’s breath are manifested characteristics of alcohol consumption.
What are the penalties for a first MIP conviction?
A first conviction requires an alcohol education program and community service at the defendant’s expense. The minor’s parent or legal guardian must be notified.
What happens after a third or subsequent MIP offense?
A third and subsequent convictions result in an alcohol treatment program, license suspension for three months to a year, and a reinstatement fee.
Are there exceptions for minors possessing alcohol?
Yes, if the alcohol is for medicinal or hygienic purposes, or if the minor is with a parent or guardian and not consuming it.
Can an MIP record be sealed in Colorado Springs?
Yes, an MIP record can be sealed if the minor completes the required alcohol class and avoids subsequent convictions for a year.