What to Know About a Minor in Possession of Alcohol Charge

What to Know About a Minor in Possession of Alcohol Charge

Are you or your child facing a Minor in Possession of Alcohol (MIP) Charge in Nebraska? The consequences can be severe, but Polaris Law Group is a strong guide for minimizing punishment.

Defining a Minor in Possession Charge

Nebraska law outlines a minor in possession of alcohol and sets the expectation that “no minor may... [intentionally] consume, or have in his or her possession or physical control any alcoholic liquor..." (Neb. Rev. St. § 53-180.02; Neb. Rev. St. § 53-103.11). The only exceptions to these regulations are consumption within a religious setting or within a parent/guardian’s residence. If this is not the first offense, the penalties increase for each violation thereafter.

Penalties

Minors (persons aged below 21) charged with this Class III Misdemeanor are punishable by three months incarceration and/or a $500 fine; restriction of driver privileges with a 30-day suspension or revocation; alcohol education classes; twenty to forty community service hours; and/or an assessment from a professional substance counselor. The previously mentioned statutes apply to all minors and limits consumption to a blood-alcohol content level of 0.02 when driving, which is about one standard drink.

The United States Department of Human Services reported that 1,909 Nebraskans were accused of MIP in 2021 (DHHS & SAMHSA). This number decreased slightly to 1,600 in 2022; however, the population of minors in Nebraska also declined by 3,000 people. Many of these incidents involve parties and holiday celebrations.

Juvenile Diversion

Juvenile pretrial diversion is a voluntary program available to minors who violated the law and enrolled to avoid juvenile punishment. If successfully completed, the case and related charges would be dismissed or not filed at all. Of the minors arrested in 2021 and 2022 for MIP, only 30% were referred to a diversion program; the remaining 70% were presumably punished by the court (Diversion Annual Report). This and similar programs include apology letters, community service, restitution, classes, and curfews.

Personal Records

Having a clean criminal record is critical for employment and education. If you or your child have a Minor in Possession charge, you could have difficulty applying for college or a full-time career. You cannot expunge (completely remove) a charge from your criminal record in Nebraska, but you can seal a record or complete a “set aside” petition:

Juvenile Record Sealing: If you were under the age of 18 when the incident occurred, your charges should be automatically sealed; otherwise, you can request to have it sealed (NE Supreme Court). Your record will also be sealed by successfully completed diversion.

Set-Asides: Your record will still be visible on background checks, but the order to set-aside the conviction will be seen alongside your record. Once your petition is filed, it will be evaluated and decided on by a judge (Set-Asides).

How Polaris Law Group Can Help

Our criminal defense attorneys are available and only a phone call away. Our goal is to use our professional expertise to make a difference in our community, and as such we do everything in our power to help you understand your rights. Expect to immediately receive guidance and information from our criminal attorneys and paralegals to help you with your case. Call us for free at (402) 606-1441 or view our website at polarislawyers.com.

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