Minor In Possession: Tuscaloosa Criminal Defense Law Practice

Randal S. Ford, Attorney
705 27th Avenue, Suite A, Tuscaloosa, Alabama 35401
📞 (205) 454-7500

Being charged with Minor in Possession of Alcohol (MIP) can be overwhelming, especially for students or young adults just starting their lives. At The Ford Firm, we represent clients in Tuscaloosa and throughout Alabama who are facing MIP, fake ID, underage drinking, or related charges.

We know how stressful it can be for college students, recent graduates, or even high schoolers accused of possessing, consuming, or transporting alcohol. Attorney Randal S. Ford has defended students, athletes, and young adults across West Alabama, and he works to keep a youthful mistake from turning into a lifelong problem.

Alabama law prohibits anyone under 21 from buying, consuming, possessing, or transporting alcohol. These cases are usually prosecuted under Alabama Code § 28-1-5, though other statutes may apply depending on the facts.

MIP is classified as a Class C misdemeanor, but the consequences extend far beyond the courtroom. A conviction can affect employment opportunities, scholarships, driving privileges, and background checks for years to come.

• Ala. Code § 28-1-5 – Makes it unlawful for individuals under 21 to purchase, consume, possess, or transport alcohol. Penalties under this statute are generally lighter, with fines and possible short jail terms. This section does not always trigger driver’s license suspension.
   
• Ala. Code § 28-3A-25 (and related provisions) – Creates broader alcohol-related offenses that can bring higher fines, longer jail exposure, and mandatory license suspensions.
   

👉 Why this matters: Which statute the prosecutor uses makes a major difference in whether you’re only paying a fine or also losing your license for months.

• First Offense – Usually a fine of up to $200, court costs, and possible community service.
   
• Second Offense – Higher fines, longer community service hours, alcohol classes, and closer court supervision.
   
• Driver’s License Suspension – Depending on the statute used, your license can be suspended for 3–6 months.
   
• Permanent Record – Even a misdemeanor can stay on your record unless you later qualify for expungement.
   

• Fines & Jail – Penalties can range from small fines ($25–$100) to several hundred dollars. Jail is technically possible (up to 90 days or more under certain statutes), but first-time offenders usually avoid it.
   
• License Suspension – Some statutes automatically suspend your license for several months, even for juvenile cases.
   
• Collateral Consequences – College discipline, lost scholarships, higher insurance premiums, and issues with job applications are all common after an MIP conviction.
   

Not every MIP charge leads to a conviction. We carefully investigate each case and explore defenses such as:

• No Possession or Control – Simply being at a party where alcohol is present doesn’t always prove possession.
   
• Mistaken Identity – Officers or witnesses sometimes accuse the wrong person.
   
• Proof Issues – Was the drink actually alcoholic? Was your age verified?
   
• Unlawful Search or Stop – If police violated your rights, evidence may be thrown out.
   
• Work Exceptions – Limited exceptions exist for minors legally working around alcohol.
   
• Medical Exception – Alcohol used under a prescription or medical purpose may be protected.
   

At The Ford Firm, we review police reports, video evidence, and witness statements. In many cases, we negotiate for dismissal, diversion programs, or reduced charges—especially for first-time offenders.

• Under 18 (Juvenile Court) – Focuses more on rehabilitation, but penalties can still include probation or placement.
   
• 18–20 (Adult Court) – Processed in criminal court with exposure to adult penalties, fines, and a permanent public record.

Under Alabama Code § 15-27, certain MIP cases can be expunged if they’re dismissed, handled through diversion, or after a waiting period with no further convictions. This process happens in Circuit Court, not through the Alabama Law Enforcement Agency.

👉 A youthful mistake doesn’t have to follow you forever if you qualify for expungement.

Q: What is a minor in possession?
A: A Minor in Possession (MIP) means someone under 21 is caught possessing, consuming, purchasing, or transporting alcohol. Alabama has multiple statutes that cover MIP, and which one is used affects the penalty.

Q: What happens if you get caught with alcohol under 21 in Alabama?
A: You may be charged with a Class C misdemeanor. Penalties often include fines, community service, and possible license suspension. A conviction can remain on your record unless later expunged.

Q: What are the penalties for minor in possession in Alabama?
A: Penalties range from small fines ($25–$100) to several hundred dollars, and possible jail time up to 90 days under some statutes. Some cases also include a mandatory 3–6 month license suspension.

Q: Will I lose my driver’s license for minor in possession?
A: It depends. Some statutes require license suspension, while others do not. Knowing which law you were charged under is critical to predicting the outcome.

Q: Can a minor go to jail for minor in possession?
A: Jail is legally possible, especially for repeat offenders. However, most first-time offenders avoid jail, particularly if represented by an attorney.

Q: Will an MIP charge show up on a background check in Alabama?
A: Yes. MIP charges can appear on background checks for jobs, schools, and scholarships unless they are expunged.

Q: Can a Minor in Possession charge be dropped in Alabama?
A: Yes. Courts sometimes allow diversion, alcohol education programs, or community service in exchange for dismissal.

Q: Do you need a lawyer for an MIP in Tuscaloosa?
A: Absolutely. College towns like Tuscaloosa enforce MIP laws aggressively. An attorney can protect your record and help prevent license suspension.

Q: How long does an MIP stay on your record in Alabama?
A: A conviction is permanent unless it qualifies for expungement or diversion.

Q: Can you get a minor in possession charge expunged?
A: In many cases, yes. Eligibility depends on how the case was resolved and your record since the charge. We evaluate whether expungement or record sealing is available.

Q: What should I do if my child was arrested for minor in possession?
A: Don’t let them speak to police without an attorney. Call an experienced MIP lawyer immediately—defense strategies and diversion opportunities are time-sensitive.

Q: What is a MIP attorney?
A: A MIP attorney defends underage drinking cases. They work to reduce or dismiss charges, negotiate for diversion, and protect your driving privileges and future opportunities.

• Immediate case review and action plan
   
• Representation in Tuscaloosa municipal, district, and juvenile courts
   
• Investigation of police reports, video, and witnesses
   
• Motions to challenge illegal searches or evidence
   
• Negotiation for diversion, reduced charges, or dismissal
   
• Guidance on license reinstatement and expungement
   

Our goal is to protect your record and your future so that one mistake doesn’t limit your opportunities.

• Local courts and prosecutors often have unique procedures and diversion options
   
• A Tuscaloosa lawyer familiar with these practices can improve your chances of avoiding harsh penalties
   
• Details like how you were stopped or what statute was used can mean the difference between dismissal and license suspension
   

• Over 30 years of criminal defense experience in Alabama
   
• Extensive experience with Tuscaloosa city, county, and university-related cases
   
• Individualized defense strategies for students, athletes, and young adults
   
• Support with record protection and expungement after your case
   

• Complete dismissal of charges
   
• Reduction to lesser offenses
   
• Diversion or deferred adjudication for first-time offenders
   
• Avoidance or reduction of driver’s license suspension
   
• Record sealing or expungement when possible
   

If you or your child has been charged with Minor in Possession, don’t wait. Contact Randal Ford at The Ford Firm today for a free consultation:

📞 (205) 454-7500
📍 705 27th Avenue, Suite A, Tuscaloosa, AL 35401

Early action can protect your rights, your license, and your future.