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Minor in Possession (MIP) of Alcohol
At EHG, we understand the serious consequences that a MIP charge can have on your life, we are here to help you avoid the penalties.
Minor in Possession Laws in Georgia
MIP is the acronym frequently used for minors in possession of contraband. When a youth, under 18 for most crimes and under 21 for alcohol possession, is accused of a crime of possession, the consequences can get real, fast.
Understanding Minor in Possession of Alcohol (MIP) Laws in Georgia
In Georgia, the law strictly prohibits anyone under the age of 21 from possessing alcohol, as outlined in O.C.G.A. § 3-3-23. For those under 17, any MIP charge is handled in Georgia Juvenile Court, emphasizing the seriousness of this issue among young individuals.
Key Aspects of Georgia’s MIP Statute:
- Prohibited Actions: The statute forbids minors from furnishing, possessing, purchasing, or attempting to purchase alcohol. It also addresses misrepresenting age or identity to obtain alcohol and using a fake ID.
- Medical and Religious Exceptions: Minors may possess alcohol if prescribed for medical purposes or if involved in a religious ceremony.
- Employment Clause: Minors over 18 can handle alcohol in licensed establishments as part of their job, as per O.C.G.A. § 3-3-24.
- Parental Supervision Exception: Minors can possess alcohol in their home under a parent’s supervision.
Medical Assistance Provision in MIP Cases:
An important aspect of O.C.G.A. § 3-3-23(j)(2) is the protection it offers to individuals seeking medical assistance in cases of alcohol overdose. This clause ensures that young people can seek help without fear of prosecution, promoting safety over legal consequences.
Defense Strategies and Potential Consequences:
Defending a MIP charge often hinges on disproving the juvenile’s knowledge or control over the alcohol. Possible consequences of a conviction include mandatory counseling, probation, or even more severe penalties like license suspension or detention, depending on the circumstances.
The Crucial Role of Legal Representation:
Given the potential impact of an MIP charge on a young person’s future, it’s important to seek legal representation. An experienced attorney can explore avenues for defense and work towards a resolution that minimizes repercussions, considering the individual circumstances of each case. An attorney is a valuable resource and teammate to parents and others who are helping a young person charged with alcohol or drug possession.
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Minor in possession of alcohol
O.C.G.A. §3-3-23 states: Except as otherwise authorized by law:
No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person’s employ to furnish any alcoholic beverage to any person under 21 years of age;
No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage;
No person under 21 years of age shall misrepresent such person’s age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;
No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.
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Juvenile defense for minor in possession MIP in Georgia
For more than a decade, Erin Gerstenzang has been teaching lawyers across the country how to handle DUI cases. Everything from trial techniques to innovative solutions for client problems, Erin is a sought-after speaker who sets the gold standard for what exceptional defense looks like in DUI. With a nationally known course on defending DUI clients, Erin is the go-to for lawyers looking to improve their skills.
Erin Gerstenzang, a member of the Faculty of the National College for DUI Defense, also brings a wealth of knowledge and leadership to the field of DUI defense. She has served as the Chair of the Georgia Public Defender Council’s DUI Trial Strategies Annual Program for seven years and currently holds a position on the Executive Board of the Georgia Association for Criminal Defense Attorneys, where she heads the Judicial Recommendation Committee.