226) “MIP” / “Minor in Possession” Penalties FL? ~ #HaberPA Miami Criminal Defense DUI Lawyer
Channel: Michael Haber
Date: 2018-02-23

Thank you for asking me “What are the penalties for a “MIP” / “Minor in Possession” Case?”

In FL Possession of Alcohol by a Minor is always a misdemeanor offense; however it is what we call an “enhanceable offense”, meaning that both the degree of the offense and the maximum possible penalties will increase if you’ve had a prior conviction for the same MIP offense.

Your first MIP charge is a 2nd Degree Misdemeanor.  It’s punishable by a statutory maximum of up to 60 days in jail, 6 months probation and a $500 fine.  The kicker is that a conviction for MIP carries a mandatory driver license suspension, although the Court has discretion to order the suspension anywhere in between a minimum of 6 months to a maximum of one year.

Any subsequent MIP conviction (“subsequent” meaning that you’ve had a prior “conviction” for MIP and not just an arrest) will be treated as a 1st Degree Misdemeanor, and this holds true whether you have 2 or 10 of them. Unlike some other enhanceable crimes MIP can never be bumped up to a felony.

That said, your second MIP charge is punishable by a statutory maximum of up to 364 days in jail, 12 months probation and a $1,000 fine.  Again, a conviction for MIP carries a mandatory driver license suspension, but in the event of a 2nd or subsequent MIP conviction the Court must revoke your driving privilege for a period of 2 years.

If you get arrested for being a MIP then please, pretty please, hire counsel.  A skilled and trained attorney may be able to help you to avoid some or all of these consequences.

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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