Minor in Possession/Alcohol + various questions

What is the name of your state? Wyoming

I have questions regarding an MIP issued to my younger sister, who is 17.

RE: WY Ordinanace 12-6-101 (that's what is on the ticket)

The relevant part to her states:

For any person who is under the age of 21 years to have any alcoholic or malt beverage in his possession or for any person under 21 to be drunk or under the influence of alcoholic liquor, malt beverages or a controlled substance on any street or highway or in any public place

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She was at a small house party on private land, which was visited by the county sheriff after a complaint was made about underage drinking. The complaint was made by a miffed kid who was turned away from the gathering because the house owner (over 21) didn't want more people there.

No alcohol was found in the house, or on anyone there. However, they issued breathalyzers to everyone present and my sister was positive for alcohol, so they gave her an MIP.

Being that she wasn't in physical possession of alcohol, nor was any alcohol found on the property, and she was inside a private residence, what should her course of action be?

This is her 2nd MIP, the first one issued under similar circumstances, only alcohol was found in the house that time (but not in her personal possession) so everyone present was issued an MIP, even those who blew 0.

I would appreciate if anyone could help inform me of the legalities involved. Also, is she allowed to refuse a breathalyzer both in the above situations and as a passenger in a car? She doesn't drive, nor have a license, so that's not an issue. She said she was threatened into answering questions and taking the breathalyzer, even though she said she wanted her parents present. I guess that's the main part that bothers me. What rights does she have as a minor?

TessaC said:

I would appreciate if anyone could help inform me of the legalities involved. Also, is she allowed to refuse a breathalyzer both in the above situations and as a passenger in a car? She doesn't drive, nor have a license, so that's not an issue. She said she was threatened into answering questions and taking the breathalyzer, even though she said she wanted her parents present. I guess that's the main part that bothers me. What rights does she have as a minor?

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I'm going to leave this for someone with more knowledge than I have.

TessaC said:

What is the name of your state? Wyoming

I have questions regarding an MIP issued to my younger sister, who is 17.

RE: WY Ordinanace 12-6-101 (that's what is on the ticket)

The relevant part to her states:


She was at a small house party on private land, which was visited by the county sheriff after a complaint was made about underage drinking. The complaint was made by a miffed kid who was turned away from the gathering because the house owner (over 21) didn't want more people there.

No alcohol was found in the house, or on anyone there. However, they issued breathalyzers to everyone present and my sister was positive for alcohol, so they gave her an MIP.

Being that she wasn't in physical possession of alcohol, nor was any alcohol found on the property, and she was inside a private residence, what should her course of action be?

This is her 2nd MIP, the first one issued under similar circumstances, only alcohol was found in the house that time (but not in her personal possession) so everyone present was issued an MIP, even those who blew 0.

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Seriously, her course of action (and that of your parents) should be to get her into an alcohol program. That will help her show the court that she realizes she's on a poorly chosen path and is getting off it - something which may mitigate her punishment. Of course, she should also consult an attorney.

The cops were in no way wrong in either administering breathalyzers or in issuing tickets based on results. They could likely smell the booze. Fact is, she blew above a 0.00. Which is illegal for a minor. Even tickets to those who blew 0.00 were legit as they were in the proximity of alcohol - which counts as possession. Yeah, yeah, yeah - she says there wasn't any booze anywhere on the property... that's not too likely given the circumstances. But that would be worth discussing with a lawyer with, I guess. (But don't expect a judge to be snowed by that...)

stealth2 said:

Seriously, her course of action (and that of your parents) should be to get her into an alcohol program. That will help her show the court that she realizes she's on a poorly chosen path and is getting off it - something which may mitigate her punishment. Of course, she should also consult an attorney.

The cops were in no way wrong in either administering breathalyzers or in issuing tickets based on results. They could likely smell the booze. Fact is, she blew above a 0.00. Which is illegal for a minor. Even tickets to those who blew 0.00 were legit as they were in the proximity of alcohol - which counts as possession. Yeah, yeah, yeah - she says there wasn't any booze anywhere on the property... that's not too likely given the circumstances. But that would be worth discussing with a lawyer with, I guess. (But don't expect a judge to be snowed by that...)

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She actually is already in a diversion program, I think it's somewhat automatic after an MIP is issued here. She called us out to the house immediately, so we heard from the police themselves that there was no alcohol on the property . . probably because they weren't actually drinking at the party. Most people there blew clean. She had consumed it earlier in the night, before arriving.

My main question was involving private vs. public property. The law, as far as I can tell (and by looking at past court cases), says that it's illegal to possess alcohol (anywhere, I'm guessing, by the wording) or to be under the influence (on public land) . . which, she wasn't.

She's in quite a bit of trouble at home, and I'm not trying to get her off the hook for drinking completely, but due to the diversion program her second MIP means she will be forced back into high school. She has psychological problems and there were a few traumatic incidents there last year that have caused her severe anxiety and panic attacks; it's honestly not the best environment for her to try to get better. I don't even think she's capable of going, which may mean big problems when this goes to court. She's in an adult education/GED program at the local CC instead, which she is handling much better.