Ann Arbor is a college town through and through. The University of Michigan brings tens of thousands of students to Washtenaw County every year, and Eastern Michigan University in nearby Ypsilanti adds even more to the mix. Washtenaw Community College, Concordia University Ann Arbor — the student population here is significant. And with a large student population comes a predictable reality: law enforcement in this area sees a steady stream of minor in possession charges, or MIP charges, year after year.
If you or your child received an MIP ticket and you are trying to figure out what happens next, understanding how Michigan law handles these cases is the right place to start. Our juvenile justice attorneys at Geherin Law Group have worked through many of these cases in Washtenaw County and across the region, and we want to walk you through what this charge actually means.
What the Law Actually Says
Michigan law prohibits anyone under 21 from purchasing, consuming, or possessing alcohol. Michigan’s Minor in Possession law prohibits the purchase, consumption, or possession of alcohol by anyone under 21 years of age. That sounds straightforward, but the reach of the law is broader than most people realize.
You do not have to be holding a beer bottle to face an MIP charge. The law also covers “bodily alcohol content,” meaning a minor can be charged if they test positive for alcohol in their system, even if not visibly drinking. And it goes further than that. Constructive possession of alcohol occurs when a person knew the alcohol was present and had the ability to possess it. Actual or constructive possession is enough to prove a violation of Michigan’s Minor in Possession law.
So a college student at a party who never touched a drink can still face legal exposure under the right circumstances. That is a point worth understanding before assuming the situation is simple.
First Offense: A Civil Infraction, Not a Crime
Michigan changed its MIP law significantly starting January 1, 2018. Effective January 1, 2018, a first offense will usually be written as a civil infraction, not a criminal offense, and will be punishable by payment of a civil fine and court costs. That was a meaningful reform. Before that date, even a first offense could mean a misdemeanor on a young person’s record.
A first violation means the minor is responsible for a civil infraction punishable by a fine up to $100.00. The court can order the minor to participate in substance use disorder services, perform community service, or undergo substance abuse screening and assessment at the minor’s expense.
To clarify that last point — the civil infraction classification does not mean the ticket is consequence-free. MIPs are reported to the Michigan Secretary of State by law and will be posted on your driving record. That matters. A notation on a driving record can show up in background checks and can affect future situations in ways a student might not anticipate when they just pay the fine and move on.
And about those fines — the statutory maximum is $100, but actual court costs can push the total higher depending on the jurisdiction. The fine in the 15th District Court, which serves Ann Arbor, is currently $250. That is the court most University of Michigan students and Washtenaw Community College students would encounter.
A minor only gets one opportunity to resolve this offense with a civil infraction. Pay attention to that. It is not a free pass that resets. It is a one-time benefit, and once it is used, the legal landscape changes considerably for any future incident.
Second Offense: Now We Are Talking About a Misdemeanor
The step from first to second offense is significant. A second violation means the minor is guilty of a misdemeanor punishable by a fine up to $200.00 or up to 30 days in jail — only if the court finds that the minor violated an order of probation, failed to complete any treatment, screening or community service, or failed to pay the fine — or both.
So the jail exposure on a second offense is conditional, not automatic. But the misdemeanor classification itself is not. That is a meaningful distinction because a misdemeanor conviction can affect employment prospects, professional licensing applications, and graduate school admissions in ways a civil infraction typically would not.
Driver’s license consequences also come into play. The Michigan Secretary of State will treat the second civil infraction judgment as a second conviction and will suspend the license to drive for 90 days, with no driving permitted at all for the first 30 days of the suspension period.
For a student commuting between Ann Arbor and home, or working part-time while attending Eastern Michigan University, a 90-day license suspension is not a minor inconvenience. It can affect every aspect of daily life.
Third Offense and Beyond: The Stakes Keep Rising
A third or subsequent violation means the minor is guilty of a misdemeanor punishable by a fine up to $500.00 or up to 60 days in jail — only if the court finds that the minor violated an order of probation, failed to complete any treatment, screening or community service, or failed to pay the fine — or both.
And the license consequences escalate as well. The Michigan Secretary of State will treat a third or subsequent conviction and will suspend the license to drive for one year, with no driving permitted at all for the first 60 days of the suspension period.
A year without a license. For a young person trying to hold down a job, attend classes, or manage any kind of normal life, that is a serious disruption.
The Consequences That Do Not Show Up on the Fine Schedule
Beyond fines and potential jail time, an MIP charge carries collateral consequences that are genuinely worth thinking about. A minor possession offense may still show up in a background check when seeking employment. Many students working toward careers in healthcare, education, law, or engineering face licensing processes that include character and fitness reviews. Many professions, such as nursing, engineering, medicine, and health professions, require “character and fitness” checks, and an MIP could create a barrier to passing those screenings.
This connects to something we see regularly with students at area schools. A student works four or five years toward a degree, graduates, and then encounters a licensing obstacle because of a ticket they paid online as a freshman and assumed was resolved. The law provided a path to avoid a criminal conviction on a first offense, but that path requires understanding the process, not just paying the fine.
And for University of Michigan students specifically, U-M students found responsible for an MIP may still face additional consequences, such as being required to participate in educational and restorative measures through the university’s own disciplinary process. The legal system and the university system can both respond to the same incident.
A Few Things Worth Knowing Before You Do Anything
We advise clients not to simply pay an MIP ticket without at least consulting with an attorney first. Do not assume the ticket is meaningless once it has been paid. If there are circumstances surrounding the issuance of the MIP ticket that you think are relevant, you should contact an attorney to discuss the matter before paying the ticket.
More precisely, paying the ticket is an admission of responsibility. Once that admission is recorded, it counts as the one civil infraction opportunity under Michigan law. Any future MIP encounter will be treated as a second offense. That is a significant consequence of what feels like a simple administrative step.
There are also limited defenses and exceptions worth exploring depending on the facts. If the evidence is questionable or was obtained illegally, there may be a defense. Michigan law also provides a medical amnesty exception in narrow circumstances, and certain employment and educational contexts carry exemptions as well.