Friday, November 13, 2009

Recent Change in MIP Law




The Missouri General Assembly recently amended the Minor in Possession statute, RSMo 311.325, so that any person under 21 who attempts to purchase/purchases or possesses alcohol, or who is "visibly in an intoxicated condition" (more on that later) gives implied consent to a chemical test such as a breathalyzer test.  This type of "implied consent" is used under the DWI statute to justify suspension of a person's driver's license if they refuse to take a breathalyzer test.  So now, a person charged with MIP can also have their license suspended if they refuse to take a breathalyzer test.

Unfortunately, "visibly in an intoxicated condition" gives a police officer wide latitude in citing someone for an MIP, since "intoxicated condition" is defined in RSMo 577.001 as being "under the influence of alcohol."  Presumably then, a minor who exhibits any visible of sign of being under the influence of alcohol, no matter how slight, could be cited for an MIP and expected to take a breathalyzer test or face suspension of his or her license.

Hiring a lawyer when charged with an MIP would be highly recommended to protect one's rights, especially considering the driver's license consequences that now accompany the criminal punishments.

1 comment:

  1. This was really an interesting topic and I kinda agree with what you have mentioned here!
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