A first minor in possession of alcohol offense in Michigan is a state civil infraction with a fine of up to $100. A second offense is a misdemeanor with a fine of up to $200, and a third is a misdemeanor with a fine of up to $500. The penalties are set by MCL 436.1703.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Minor in possession at a glance
| First offense | State civil infraction: fine of up to $100. The court may also order community service, substance use disorder services, and screening at the minor’s expense |
|---|---|
| Second offense | Misdemeanor: fine of up to $200. Jail of up to 30 days is possible only if the court finds a probation violation or failure to complete ordered treatment, screening, community service, or fine payment |
| Third or later offense | Misdemeanor: fine of up to $500. Jail of up to 60 days under the same conditions |
| Screening | The court may require substance abuse screening and assessment at the minor’s own expense |
| Statute | MCL 436.1703 |
A person can be found responsible for a first offense under this tier only once. A lawyer should review prior judgments and how they count in your case.
How does a minor in possession case move through court?
- Citation or arrest and a court date in district court.
- Pretrial. Your lawyer reviews the stop, the evidence, and any test results.
- Resolution by dismissal, a responsible finding, or trial.
What matters in the defense
- The stop and search. Whether police had a lawful reason to stop or search.
- Possession or consumption. Whether you actually possessed or consumed the alcohol.
- Testing. The reliability of any breath test.
- Future impact. Outcomes can affect school, jobs, and licenses. A first-time case may have good options.
Related pages: DUI and OWI defense and expungement.
Frequently asked questions
Is minor in possession a crime in Michigan?
A first offense is a state civil infraction with a fine of up to $100. A second or third offense is a misdemeanor.
Can I go to jail for minor in possession?
Jail is possible on a second or third offense, but only if the court finds a probation violation or failure to complete ordered requirements.
Talk to a Detroit criminal defense attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 436.1703 in the Michigan Legislature’s text. This page is general information, not legal advice.