Minor In Possession Of Alcohol
MCL 436.1703 — a civil infraction first, and medical help excepted
Under the liquor code a minor is anyone under 21. A minor may not buy, drink or possess alcohol, try to, or have any bodily alcohol content, which the section defines as 0.02 or more, or any presence of alcohol from drinking outside a religious service or ceremony.
| The violation | The sentence the section sets |
|---|---|
| The violationFirst | The sentence the section setsA state civil infraction: a fine of up to $100, and possibly substance use services, community service, and screening at the minor's own expense. It can be admitted or found only once. |
| The violationAfter 1 prior judgment | The sentence the section setsA misdemeanor: a fine of up to $200, and up to 30 days only where the court finds a probation or treatment order violated or a fine unpaid |
| The violationAfter 2 or more prior judgments | The sentence the section setsA misdemeanor: a fine of up to $500, and up to 60 days on the same findings |
On a plea at the second level, the court may defer proceedings, place the person on probation, and dismiss on completion without a conviction. That is available only once.
Seeking medical help is not a violation. A minor who has been drinking is not in violation for voluntarily going to a health facility for treatment or observation, for going with someone who does, or for contacting a peace officer or emergency medical services to get medical help for a legitimate health concern. The facility notifies the parents of a minor under 18.
An officer with reasonable cause may ask a minor to take a preliminary breath test, but if the minor does not consent it may not be given without a court order, which the officer may seek. Police notify the parents of a minor under 18. Giving a minor fake identification, or a minor using it to buy alcohol, is a misdemeanor of up to 93 days, $100, or both.
The section also excepts possession while working for a licensed seller, drinking required by a college course, and sacramental wine, and it is a defense that the drinking took place where it was legal.
Sources for this section (2)
- MCL 436.1703 — Purchase, consumption, or possession of alcohol by a minor
- MCL 436.1109 — Liquor control code definitions, including minor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.