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Understanding Missouri Minor in Possession Laws, Charges, and Penalties

Missouri Minor in Possession Charges and Sentencing

A minor in possession (MIP) charge in Missouri is broader than the name suggests, as someone under 21 doesn’t have to be caught holding or drinking alcohol to violate the state’s MIP law. The statute also covers purchasing or attempting to purchase alcohol, certain evidence of intoxication, and a blood alcohol concentration (BAC) above the statutory limit.

How Missouri treats an MIP charge can also change based on the person’s prior history, and its effects can extend to the defendant’s driving privileges. Therefore, handling an MIP case starts with two questions: what conduct the state is alleging violated the law, and whether the person has a history of MIP charges.

Note: This page provides general information and is not legal advice. It should not replace a consultation with a licensed attorney about the facts, deadlines, and legal issues in a specific case.

Top Takeaways

  • Missouri minor in possession charges are primarily governed by RSMo §311.325.
  • Based on the facts of the case and relevant driving history, a Missouri MIP charge can range from a class D to a class A misdemeanor.
  • Potential consequences can include up to $2,000 in fines, a year in jail, and loss of driving privileges for one year.

What counts as minor in possession in Missouri?

Under Revised Statutes of Missouri (RSMo) § 311.325, a “minor” is someone under the age of 21. So while those aged 18-20 may be legally considered an adult for several other purposes, they’re still considered underage when it comes to alcohol, and therefore capable of violating MIP laws by:

  • purchasing or attempting to purchase alcohol
  • possessing alcohol
  • being visibly intoxicated
  • having a BAC over 0.02%

In other words, someone doesn’t avoid an MIP charge just because they consumed alcohol before the police arrived or their attempt to buy it failed. However, there is one limited exception for 18-year-olds enrolled in qualifying culinary courses who are required to taste alcoholic beverages as part of the curriculum. The exception, though, has specific requirements and doesn’t create a general exception for underage drinking in an educational setting.

How are minor in possession charges classified in Missouri?

Missouri uses two different classifications for MIP charges depending on whether the person has a prior history of them.

MIP history Classification Penalty License suspension*
First offense Class D misdemeanor Up to $500 in fines 30 days
Multiple offenses Class A misdemeanor Up to one year in jail and $2,000 in fines 90 days (second offense) or one year revocation (third or more offenses)

*Per RSMo § 302.400.

These punishments, however, are general guidelines and maximum amounts, not a prediction of what sentence a person will receive. The actual resolution can depend on the evidence, prior history, the court, the prosecutor, and the procedural options available in the particular case. For example, in Springfield, Missouri, there’s a diversion class that those facing a first-time MIP charge can take to avoid the charge.

Can an MIP charge be expunged in Missouri?

Under RSMo § 311.326, after a person who pleaded guilty to or was found guilty of a first-time MIP charge turns 22, they may apply to have the conviction expunged. When reviewing the application, the state considers several factors, such as whether the person has had additional alcohol-related offenses since the MIP charge. 

Because of these requirements, someone considering expungement should have their specific record reviewed rather than assuming an MIP will automatically disappear after a certain amount of time.

Hiring an MIP defense attorney

Understanding the nuances of an MIP charge is only part of evaluating a case. The next question is what the evidence actually shows. For someone facing an MIP charge, or a parent trying to understand what a charge could mean for their child, a defense attorney can review that evidence, explain the potential consequences, and discuss the available options. 

MRD Lawyers represents clients facing minor in possession charges in Springfield and throughout southwest Missouri. As former Greene County prosecutors, we understand how charges may be evaluated from both sides of the courtroom. That perspective helps us give you a clear understanding of the risks, possible defenses, and realistic options available to you. 

Set up a consultation today to better understand the charge, what options may be available, and how MRD Lawyers can help you move forward.