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Missouri's New Minor in Possession (MIP) Law

"Possession by Consumption"


MIP Driver License Suspension
MIP Driver License Revocation
Expungement of MIP

HCS SS SB 402: The New Abuse and Lose.

MIP Lawyer - MO Criminal Defense Attorney - Minor in Possession Cases

Missouri's Minor in Possession (MIP) "possession by consumption" law became effective in 2005 and expanded the old MIP law's definition of "possession" to include "possession by consumption" and being "visibly intoxicated."

Under the Missouri's MIP law,  minors (16-20 years old) who plead guilty to or are convicted of MIP will have their driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent MIP conviction.

Missouri law does allow for the expungment of a MIP conviction when specific requirements are met.  The "expungement" of a MIP is the court-ordered removal of all official records of the arrest, plea, trial and conviction relating to the MIP. The effect of an expungement under MO MIP law is to restore a person's legal status to that he or she had before the arrest, plea or conviction of MIP, as if the MIP never happened.

This page provides information and links relating to the Missouri's Minor in Possession (MIP) "Possession by Consumption" law, including MIP driver license suspension, MIP driver license revocation, MIP driver license reinstatement and Missouri MIP expungement.


Missouri Minor in Possession (MIP) Law: "Possession by Consumption"



Introduction

On July 13, 2005, Missouri Governor Matt Blunt signed HCS SS SB 402 into law.  Six weeks later, on August 28, 2005, the new statute took effect.  Missouri's Minor in Possession (MIP) law expands the definition of "possession" to include "possession by consumption" and appearing "visibly intoxicated."

Expansion of the Definition of Minor in Possession (MIP)

Under the old Missouri MIP law, the definition of MIP applied only to the purchase, attempt to purchase or actual possession of an intoxicating liquor by a minor.  Under the current law, the definition of "minor in possession" (MIP) has been expanded to include a minor who has "a detectable blood alcohol content of .02 percent" or more who is "visibly intoxicated."

Under current Missouri law, a minor in Missouri may be arrested for, charged with and convicted of MIP even if he or she is not in actual possession of any alcohol at the time of the arrest.  The new MIP law's definition of  "possession" has been expanded to include either (1) having a very small amount of alcohol (1/4 the legal limit for adults to drive) in one's system or (2) merely appearing intoxicated.  The provision of Missouri's new MIP law that expands the definition of "possession" to include having alcohol in one's system makes "possession by consumption" a crime in Missouri and is why the new law is referred to as the new MIP "Possession by Consumption" law.

Driver License Suspension and Revocation for Minor in Possession (MIP)

Under the new Missouri MIP Possession by Consumption law,  any minor (16-20 years old) who pleads guilty to or is convicted of MIP will have his or her driver license suspended for 30 days for the 1st offense, 90 days for the 2nd offense and revoked for a year for the 3rd or any subsequent offense.

Expungement of Minor in Possession (MIP) from Record

The new Missouri MIP law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered expungement of all official records of his or her arrest, plea, trial and conviction. 

The "Expungement" of a MIP

The "expungement" of a person's MIP is the court-ordered removal of all official records of his or her arrest, plea, trial and conviction of MIP.

The Legal Effect of an Expungement

The effect of an expungement order under the MIP law is to restore a person's legal status to that he or she had before the arrest, plea or conviction of MIP, as if the MIP never happened.  After an expungement is ordered, the person granted the expungement may not be found guilty of perjury or making a false statement by failing to acknowledge or admit the MIP arrest, plea, trial, conviction or expungement in response to any inquiry made for any purpose whatsoever.

Who May Get an Expungement

A person convicted of MIP under Section 325.111 may be eligible for an expungement only when all three (3) of the following requirements are met:  (1) It must be the first time he or she pleaded or was found guilty of MIP, (2) a year has passed from the time he or she pleaded or was found guilty of MIP or the minor reached 21 years of age, and (3) he or she since has had no other alcohol-related convictions or "alcohol-related enforcement contacts" as defined in Section 302.525(3).

How to Request an Expungement

A person seeking the expungement of a MIP must apply to the Court in which he or she pleaded or was found guilty.  The application for expungement must state that the applicant has met all of the legal requirements for an expungement order to be made and, therefore, that the applicant is eligible for an expungement.  A hearing takes place during which the applicant must prove to the Judge that he or she is eligible for an expungement.  The Judge then makes a determination whether the applicant has proved that he or she is eligible for an expungement and, based thereon, either orders an expungement or denies the application for expungement.  You should have a lawyer represent you in any application for an expungement order.  Only a lawyer can protect and assert your legal rights in court.  Warning:  Attempting to apply for an expungement without being represented by a lawyer makes as much sense as trying to perform surgery an operation on yourself instead of going to a surgeon.  Click Here for a FREE consultation and fee quote.  Talk to one of our experienced lawyers about your MIP today.

Missouri MIP "Possession by Consumption" Statutes

Summary of HCS SS SB 402 Provisions | Full Text of SB 402

Section 325.111.1. Expands MIP Possession to  Include Possession by Consumption.

Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor.

Section 577.500.2.  Driver License Suspension and Revocation

A court of competent jurisdiction shall, upon a plea of guilty or nolo contendere, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed a crime or violation of section 311.325, RSMo, and who, at the time said crime or violation was committed, was more than fifteen years of age and under twenty-one years of age.

Section 577.500.6.  Length of Driver License Suspension or Revocation

The period of suspension for a first offense under subsection 2 of this section shall be thirty days. The period of suspension for a second offense under subsection 2 of this section shall be ninety days. Any third or subsequent offense under subsection 2 of this section shall result in revocation of the offender's driving privileges for one year.

Section 311.326.  Expungement of MIP Record

After a period of not less than one year, or upon reaching the age of twenty-one, whichever occurs first, a person who has pleaded guilty to or has been found guilty of violating section 311.325 for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the court in which he or she was sentenced for an order to expunge all official records of his or her arrest, plea, trial and conviction. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement, and the person has had no other alcohol-related enforcement contacts, as defined in section 302.525, the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever. A person shall be entitled to only one expungement pursuant to this section. Nothing contained in this section shall prevent courts or other state officials from maintaining such records as are necessary to ensure that an individual receives only one expungement pursuant to this section.

Section 302.525(3).  Definition of "Alcohol-Related Enforcement Contacts"

For purposes of this section, "alcohol-related enforcement contacts" shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a vehicle while having an unlawful alcohol concentration.

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