Georgia Law: Minor in Possession of Alcohol – Charges and Penalties
Georgia law prevents anyone under the age of 21 from possessing or consuming alcoholic beverages. Violating these Minor in Possession (MIP) laws can lead to significant consequences, subject to only a few specific exceptions.
The Offense
O.C.G.A. § 3-3-23 prohibits minors from purchasing, attempting to purchase, or knowingly possessing or consuming alcoholic beverages. The law also makes it a crime for minors to use a fake identification in order to purchase alcohol. If convicted, you could be sentenced to:
(First Offense)
- $300 fine (maximum)
- Up to 6 months in jail
- 6 month driver’s license suspension (no limited permit available)
(Second or Further Offense)
- $1,000 (maximum)
- Up to one year in jail
- 1 year driver’s license suspension
A sentencing judge could also order you to complete certain educational programs pertaining to alcohol and drug use. If a person under 21 is convicted of using a fake ID to purchase alcoholic beverages, you will be required to complete a defensive driving course and pay a $210 reinstatement fee in order to reinstate your license.
If found guilty of MIP while driving a motor vehicle, your license will be suspended for 120 days. You will have to submit proof of completion of a Risk Reduction Program along with a $35 fee in order to reinstate your license. However, a plea of nolo contendere will prevent the conviction from being reported to DDS. You are eligible to use a nolo contendere plea once every five years.
It is also important to note the consequences of a DUI conviction if under the age of 21.
Defenses and Exceptions
The law does not apply to the sale, purchase, or possession of alcoholic beverages when the consumption is for religious ceremony, medical purposes pursuant to a physician’s orders, or with the consent of a parent or guardian when the possession takes place in the home and the parent or guardian is present.
The law also permits people under 21 years of age to dispense, serve, sell, or handle alcoholic beverages as a part of their employment in any licensed establishment. The law allows people under 21 to be employed in any establishment in which alcoholic beverages are distilled or manufactured. The law also allows people under 21 to take orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.
If this is your first offense for MIP and have no prior criminal history relating to drugs or alcohol, the prosecutor may offer to dismiss your case if you successfully complete a “pre-trial diversion program.” If you successfully complete certain conditions (usually a fine, community service, educational courses, drug and alcohol screens) within a certain period of time, the prosecutor will agree to not prosecute the case, resulting in the case being dismissed. If you do not successfully complete the diversion program, your case will be placed back on the trial calendar. Your case could also be resolved through a “conditional discharge” which works the same as pre-trial diversion, except you have to first enter a guilty plea, so that if you do not successfully complete the terms, your guilty plea will take effect and remain on your record permanently.
If the case cannot be resolved through diversion (formal or informal), conditional discharge, or some other plea negotiation, then you may go to trial on the case and raise doubt as to whether you were in possession or whether you consumed alcohol while being under the age of 21.
Contact Us
If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.
