Alcohol and Drug Evaluation: It is likely that, regardless of how your case resolves, you will be required by the court or the prosecutor to obtain an alcohol and drug evaluation. This evaluation must be done by a Washington State approved facility. The evaluation will entail a questionnaire and an in person evaluation with a trained therapist. Based on the information you provide, the therapist will evaluate your alcohol use based on criteria found in the Diagnostic and Statistical Manual of Mental disorders (DSM-5). This evaluation will come with a recommendation for treatment. They way you approach this evaluation is very important and you should meet with your MIP criminal defense attorney prior to the evaluation.
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Minor in Possession (MIP), RCW 66.44.270: "It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control"
"It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor."
"It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor."
An MIP charge is a serious allegation an you need a skilled criminal defense laywer to protect your rights. As can be seen by the statute recited to the right, there are many scenarios that occur that can result in an MIP charge. A minor does not even have to have alcohol in their possession when arrested to be charged with MIP. To determine the exact allegations of the charge and the best possible defense, contact the Law Firm of Lucas D. McWethy for your free consultation with a skilled attorney.
While the charge of MIP in and of itself is serious (including possible jail time), there are also collateral ramifications that you must be aware of. If the minor is either 16 or 17, a conviction or diversion of an MIP will result in the loss of their license for a period of time. The complex nature and extended ramifications of an MIP are exactly why you must consult with a criminal defense attorney before you appear in court. Whether you are charged with MIP in Lynnwood, Mukilteo, Mill Creek, Bothell, or any other city, contact the Law Firm of Lucas D. McWethy to set up your free consultation. Fill out the form to right or call me at 206-427-4901
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