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What Are the Minor in Possession of Alcohol Laws in Arizona?

When we think about underage drinking we typically think about underage people literally consuming alcohol. In Arizona, that doesn’t have to be the case. With some of the strictest alcohol policies in the nation, the state leads the way with repercussions for drunk driving, underage drinking, and Minors in Possession.

Under Arizona law, you can be persecuted for even holding alcohol if you’re underage —regardless of whether it’s open or not. If your friend asks you to carry a case of beer, open a bottle of wine, or even grab their drink off a table you could be in for big trouble.

Minor in Possession

ARS 4-244(9) states that “it’s unlawful… for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor.” You might think that seems clear enough, no underage person can possess or consume alcohol. But the law goes deeper.

As mentioned before, the current policy prohibits any underage person from carrying, transporting, or even holding alcohol in any quantity. It doesn’t matter if it’s open or not. If authorities find alcohol on you you’ll have to face the repercussions.

Imagine getting pulled over for a routine stop. An officer gets out to warn you that your back tail light is out and notices a case of beer in your trunk. Maybe a friend asked you to just drive it over because they knew you were sober, and that you would never get caught drinking it. Well none of that matters now because the officer is obligated to charge you with a MIP and you’re about to face a Class 1 Misdemeanor.

Repercussions of a MIP

Due to Arizona’s harsh zero-tolerance attitude toward minors and alcohol a MIP can mean serious consequences. If convicted you could face up to 180 days in jail, over $4,000 in fines, and a Class 1 Misdemeanor on your permanent record. Beyond that, you’ll likely be required to complete alcohol classes and counseling, community service hours, and up to 3 years of probation. Most offenders under 18 also have their license suspended.

While the consequences are pretty severe, there are still two exceptions to the law. If you were in contact with or consuming alcohol as part of a religious service, or under direction from a medical professional, you can’t be charged.

Some colleges will take a MIP charge further and add their own repercussions to the bill. ASU requires additional courses be completed by offenders charged on campus and has their own rules about the consumption of alcohol at tailgates, events, dorms, and in other student housing.

Minors Illegally Obtaining Alcohol

So now you know the repercussions, but maybe you’re still worried about your friends. The ones that ask you to hold the beer, to drive some wine over to another friend’s house. How are they getting alcohol —and what happens if they get caught?

Anyone trying to outsmart the system by getting their older friends to buy them alcohol is putting both parties in danger. Under ARS 4-241M if you’re underage and you ask someone to give you or sell you alcohol you can face a Class 3 Misdemeanor. This can trigger fines up to $500, up to 6 months in jail, and the loss of your driver’s license for 6 months.

But then what if your parents offer you alcohol? Under ARS 4-244 a minor may enter a bar or other business with a liquor license if they are accompanied by a legal guardian, parent, or spouse that is over 21. That being said, it is still illegal for that minor to consume any alcohol —even with their parent’s permission. If the minor does consume alcohol with the parent’s knowledge and is later charged with a MIC or involved in a deadly crime, their parents may face extreme repercussions.

Use of Fake IDs

If you’re still thinking about trying to purchase alcohol, or someone offers you a fake ID, you better think again. Even before using your ID, Arizona authorities have the right to punish you for just trying to purchase one. If you’re under 21 and get a fake ID you’re automatically eligible for a Class 1 Misdemeanor. That can mean a max of $2,500 in fines, losing your driver’s license for 6 months, and even 6 months of jail time.

The law states that "A person who is under the legal drinking age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a Class 1 misdemeanor.” But that still doesn’t stop some people.

In 2015, The Arizona Republic reported that Tempe authorities alone confiscated 1,556 fake IDs. The repercussions for using a fake ID to get into an establishment are the same as for purchasing an ID in the first place and come with the same Class 1 Misdemeanor and consequences.

Every year the most fake IDs in Arizona come from Tempe, Flagstaff, Tucson, and downtown Scottsdale. Most of these situations are linked to nearby Universities, but what students don’t realize is that charges made off campus can still mean academic consequences. Many students can face academic or athletic suspension, and difficulty pursuing their chosen careers with a blemished permanent record.

At the End of The Day

If your friends are pressuring you to step out and take a drink while you’re underage it’s important you know the truth about how severe the consequences could be. Too often, good people get caught up in a bad moment and face life-changing repercussions because they were intimidated or pushed into a situation they didn’t want to be in.

Knowing the consequences ahead of time can help you maneuver these situations a step ahead of your friends, and wait out the few months before you can legally dive into whatever beer or mixed drink you’re dying to try. Arizona’s zero-tolerance policies are largely due to the amount of teen and underage death in the state —the majority of which are linked to alcohol.

Even before death, the repercussions of binge drinking on one student’s friends can be life-changing. ASU works hard to educate young people on the ways in which their drinking can harm the people around them, and provides resources for alcohol counseling before and after a charge is made.

If you’re experimenting with alcohol before college, and while you’re under 18, be warned that the repercussions can be even higher than for someone over 18. In some cases people ages 14-17 can be tried as adults in alcohol-related situations so it’s not worth the risk. If you’re a parent educating yourself for the first time on underage drinking there are other resources you can read to teach yourself and your family about the dangers of possessing alcohol.