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Minor in Possession (“MIP”)

A person under 21 is guilty of MIP if he purchases or attempts to purchase, possesses an intoxicating liquor, who is visibly intoxicated, or who has a detectable blood alcohol content of 0.2 or greater. Like with DWI law, an individual who police suspect to be guilty of MIP impliedly consents to a BAC test. A MIP is a misdemeanor under Missouri law and, absent a separate petition to expunge, will remain on a person’s record.

Missouri law also calls for the suspension of an individual’s driver’s license if he is convicted of or pleads guilty to DWI. The period for the license suspension is addressed directly in RSMo 577.500(6): The period of suspension for a first offense […]shall be ninety days. Any second or subsequent offense […]shall result in revocation of the offender’s driving privileges for one year. The period of suspension for a first offense under subsection 2 of this section shall be thirty days.

MIP charges are not to be taken lightly. It risks your driver’s license and a permanent blot on your record. While Missouri Law provides an avenue to have a MIP expunged off an individual’s record under RSMo 311.326, such expungement petitions are not always successful. It would be better to have the matter addressed before a guilty plea or conviction.

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