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Traffic Law

Missouri MIP Law “Possession by Consumption” & “Visibly Intoxicated”

Under the old Missouri minor in possession (MIP) law, the definition of “minor in possession” 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 minor in possession (MIP) even if he or she is not in actual possession of any alcohol at the time of the arrest. The new minor in possession (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 minor in possession (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.