Got an MIP in Missouri?

You have a couple of options here.  But before we get to those, you first should hire an attorney, or at least consult one and get some legal advice for your unique situation.  Now for the options. 

Option 1: You can always plead not guilty and try the darn thing before a jury.

Option 2: Plead guilty and probably just get a fine.  This results as a conviction on your criminal record. 

Option 3: Have your attorney negotiate a plea agreement to plead guilty in return for an SIS and probation.  If you complete probation without violating your probation terms, you get no convictions on your criminal record.

Now, you might think that for most people the choice is clearly Option 3.  However, in Missouri you may be able to have an MIP conviction under Option 2 expunged after you turn 21, but you must have no other alcohol-related convictions or arrests since.  The hassle with this is you have to petition a court to expunge the record, and you always run the risk that the General Assembly will change the law to eliminate expungement of MIPs.

So which is better, Option 2 or 3?  Well, if you know you will not be able to abide by probation terms, Option 2 is probably the better choice.  If you agree with Homer and are going to violate probation and get a conviction anyway, why not plead guilty, pay your fine, and be done with it? 

On the other hand, if you think you can abide by probation, Option 3 may be the better choice since you won't have to mess with expunging your record after you turn 21, and you may not even be eligible for expungement depending on what happens between your MIP and your 21st birthday.

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.