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Washington State Minor in Possession (MIP) Law.

Minor in Possession of Alcohol or Liquor is Gross Misdemeanor in Washington State and is punishable by up to a year in jail and a $5,000 fine.

There are many misperceptions about Washington State law and Minor in Possession of Alcohol (MIP).  One of the biggest misperceptions is that you cannot be convicted of MIP unless you are physically in possession of intoxicating liquor.  This is simply untrue.  Police will often use what is commonly referred to as a "portable breath Test" or a breathalyzer to see if there is any alcohol at all in your system.  You should always refuse to provide a sample into this portable breath test if you are offered one by law enforcement.



Actual possession of alcohol is NOT required.
As a practical matter, possession is not a prerequisite to being found guilty of MIP in Washington State.  You can be found guilty of Minor in Possession of Alcohol in Washington State even if you ARE NOT ACTUALLY IN POSSESSION of alcohol at the time that you are contacted by law enforcement. 

The simple truth is that the state only needs to prove the mere presence of alcohol in your body or system.  This can be proven through your own admissions, an odor of alcohol on your breath, a breath test, as well as through other circumstantial evidence such as empty beer cans nearby and statements by others.

Merely exhibiting the effects of having consumed alcohol is sufficient.
Depending on the specific facts and circumstances of your case and what other evidence is present, a charge of Minor in Possession of Alcohol can actually be proven merely by your allegedly exhibiting the effects of having consumed alcohol. 

The good news, however, is that you do have rights.  For example, the police must have a valid reason to contact you.  They must also have objective evidence to believe that a crime has been committed in order to stop and detain you for investigative purposes. 

If you are detained for long enough or if you are arrested, you also have additional rights, such as the right to be read your Miranda rights and the right to talk to a lawyer if requested.

You owe it to yourself to learn about you rights and potential defenses.
Only a knowledgeable criminal attorney with the resources and experience to review the specific facts of your case can advise you as to what evidence in the police reports is susceptible to suppression.

As noted above, many people erroneously believe that they cannot be charged and convicted of MIP unless they are actually in possession of alcohol at the time that they are stopped or contacted by law enforcement.  But this is simply not the case.

Here is the relevant Washington law regarding Minor in Possession of Alcohol.  For additional information regarding your rights and the specific facts case, please call our offices for a free phone consultation.

RCW 66.44.270

Furnishing liquor to minors — Possession, use — Penalties — Exhibition of effects — Exceptions.


(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

     (2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

     (b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

     (3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

     (4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

     (5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

     (6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

Notes:

     Severability -- 1987 c 458: See note following RCW 48.21.160.

Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.