Minor in Consumption

Minor In Consumption (MIC).

Minor in consumption of alcohol (MIC)is a very common offense in Washington State.

Many teenagers and young adults are accused of MIC every year, and the potential criminal and driver's license consequences can be serious.

While the offense may seem straight forward at first glance, MIC cases can actually be quite complicated. Even if you are not found to have alcohol in your possession, according to Washington's MIC statute, you could have violated the law.

This law makes it a crime to be under 21 years of age in a public place and exhibit the effects of having consumed liquor.

The term "exhibiting the effects of having consumed liquor" is defined as having the odor of alcohol on your breath and (1) there is a nearby container of alcohol (full or empty) or (2) you appear to be under the influence of alcohol.

There are many potential ways to resolve a MIC case that can help you avoid a criminal conviction and a loss of your driver's license. While MIC is a crime, many prosecutors (the people who bring the criminal charges against you) and courts are willing to allow these cases to be resolved without a plea of guilty.

Some possible ways to resolve your case include things like a "diversion" or "continuance with a dismissal" which will allow you to avoid a criminal conviction and keep your record "clean." Unfortunately, not all courts allow such programs and not all prosecutors are willing to resolve cases this way.

This is when having a lawyer becomes particularly important, as it may take some fighting (i.e. litigation) to try and prevent a criminal record.

Additionally, an experienced lawyer can advise you of some things you can do now to help increase the chances your case will be resolved without a conviction and license suspension.

A Washington State MIC charge is a gross-misdemeanor criminal offense punishable by up to a maximum of 364 days in jail and a $5,000.00 fine.

Most people convicted of MIC do not receive the maximum penalties. In fact, most people convicted of MIC do not serve any jail time at all but may be required to pay fines, costs, and receive other burdensome conditions of probation.

However, only an experienced attorney can accurately advise you of what you might be facing on your MIC case.

In addition to jail time and fines, MIC cases can cause a license suspension. A person who is under the age of 18 at the time of their arrest and who is convicted of MIC or who enters into a diversion on an MIC charge will lose their driver's license. For these people, there is a 1 year loss of license for the first arrest that leads to a conviction or a diversion.

The punishment goes up to two years for a second conviction or diversion. It is important to understand that there are resolutions to MIC charges that the Department of Licensing will consider "convictions" and base license suspensions on, even though the court and prosecutor may not.

The minor in consumption cases are governed by Washington State statute, RCW 66.44.270. This statute reads as follows:

Furnishing liquor to minors - Consumption, use - Penalties - Exhibition of effects - Exceptions.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in consumption of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or consumption of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.