Minor in Possession

Missouri’s Abuse and Lose Law

Missouri’s “Abuse and Lose” law is multifaceted and has both criminal and driving consequences. With these lasting implications, you should consult experienced counsel to help you navigate through this process.

Missouri’s Abuse and Lose law is triggered when individuals under the age of twenty-one (21) have:

1. Any alcohol-related traffic offense.
2. Any offense involving the possession or use of alcohol while operating a motor vehicle.
3. Any offense involving the possession or use of drugs.
4. Any offense involving the alteration, modification or misrepresentation of a driver license.
5. A second offense involving the possession or use of alcohol by someone under 18 years of age.

Legal Age For Drinking or Possessing Alcohol

In Missouri, it is illegal for any person younger than 21 years old to possess, purchase, or attempt to purchase any intoxicating liquor (with some exceptions). Any minor who violates this statute will be guilty of a misdemeanor and the face up to $1,000 in fines and up to one (1) year in jail.
Mo. Rev. Stat. § 311.325.1

It is Illegal for a Minor to Even Appear Visibly Intoxicated & Possession by Consumption

It is also illegal in Missouri for any minor to appear “visibly intoxicated” or have a blood alcohol level of more than two hundredths of one percent (.02%). People are visibly intoxicated when they appear to be under the influence of alcohol or drugs or a combination of both. Missouri’s Minor in Possession (MIP) “possession by consumption” law became effective in August 2005. Missouri’s MIP “possession by consumption” law expands the old MIP law’s definition of “possession” to include “possession by consumption” and being “visibly intoxicated.” An offender of this section may have to pay up to $1,000 in fines and may face up to one (1) year in jail.
Mo. Rev. Stat. § 311.325.1 and § 577.001

Effect of Minor’s Driving Privileges

Missouri’s “Abuse and Lose” law requires Missouri courts to suspend or revoke the driving privileges of any person who is “determined to have committed the offense” of Minor in Possession (MIP) in violation of RSMo § 311.325.  The length of suspension or revocation of a minor’s driving privileges depends on whether the offense involved the operation of a motor vehicle.

Minor In Possession without the operation of a motor vehicle.  The suspension or revocation of a minor’s driving privileges under Missouri’s “Abuse and Lose” depends on the number offenses for the for the following reasons:

1. Purchasing or attempting to purchase any intoxicating liquor.
2. Possessing any intoxicating liquor.
3. Being visibly intoxicated.
4. Having a blood alcohol content level of more than .020 percent.

Minor In Possession involving a motor vehicle.  If ordered by the court, anyone under 21 years of age on the date of offense may have his or her driving privilege suspended or revoked:

Offenses Included:

1. Any alcohol-related traffic offense.
2. Any offense involving the possession or use of alcohol while operating a motor vehicle.
3. Any offense involving the possession or use of drugs.
4. Any offense involving the alteration, modification or misrepresentation of a driver license.
5. A second offense involving the possession or use of alcohol by someone under 18 years of age.

Additionally, if ordered by the court, anyone 21 years of age or older may have his or her driving privilege revoked for one (1) year for possession or use of drugs while driving.

Expungement of MIP

“After a period of not less than one year after reaching the age of twenty-one a person who has pleaded guilty to or has been found guilty of violating section 311.325 for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the court in which he or she was sentenced for an order to expunge all official records of his or her arrest, plea, trial and conviction.”
RSMo § 311.326.

Expungement is available in most cases, however, the applicant apply for the charge to expunged must not have had any other alcohol-related enforcement contacts, as defined in section RSMo § 302.525. Additionally, expungement is not available to commercial motor vehicle driver’s or to individuals who were operating a commercial motor vehicle at the time of the violation.
RSMo § 311.326.

If you find yourself with a ticket for Minor In Possession, contact Rouner Law Office LLC for a free consultation to review your options.

Disclaimer: Rouner Law Office LLC tries to keep the information provided herein up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, Rouner Law Office LLC recommends that you contact our office so that we may review your individual case/facts.