Minor in Possession of Alcohol

Wyoming Minor in Possession law makes it illegal for someone under age 21 to purchase, possess, or consume alcohol. A conviction for Minor in Possession can lead to substantial fines. Many people charged with Minor in Possession also face charges for Driving While Under the Influence of Drugs or Alcohol (DWUI).

If you or your child was charged with Minor in Possession or Underage DWUI, the defense team at Just Criminal Law can help. We can evaluate your situation to identify available defenses, provide advice and legal guidance, and represent you in court as we work to achieve a substantial reduction in the charges or penalties you face or outright dismissal of your case.

Wyoming’s Minor in Possession of Alcohol Law

Under Wyoming Statute 12-6-101(b), it is illegal for a person under the age of 21 to:

• Purchase or attempt to purchase any alcoholic beverage;
• Solicit another person to purchase an alcoholic beverage;
• Possess an alcoholic beverage;
• Consume ethyl alcohol;
• Have a measurable concentration of alcohol in their blood, breath or urine;
• Enter or remain in the areas designated for the sale of alcoholic beverages unless accompanied by a parent, spouse, or legal guardian who is twenty-one (21) years of age or older; or
• Dispense (mix or pour) or sell alcoholic beverages.

A conviction for Minor in Possession is a misdemeanor, punishable by up to 6 months in jail and a $750 fine.

Exceptions to Wyoming’s Minor in Possession Law

Wyoming recognizes the several exceptions to its Minor in Possession law. Someone under age 21 can lawfully consume alcohol in the following circumstances:

• In the physical presence of their parent, spouse, or legal guardian who is 21 years or older;
• As part of a religious service;
• For medicinal purposes if the alcohol is provided by the person’s parent, spouse, or legal guardian who is over twenty-one or under a lawful prescription;
• When a person is delivering alcohol as part of their employment; and
• As part of their employment in a restaurant when the person is at least 18 years old and they are not mixing or dispensing alcohol.

Defending Against Charges of Minor in Possession

Many people charged with Minor in Possession mistakenly believe they should just plead guilty and pay the fine because it seems quick and easy. However, there are many legal defenses available.

Common defenses to charges of Minor in Possession include:

• You did not actually possess alcohol (i.e., it was not yours);
• The substance in your possession was not alcohol;
• You were under the supervision of a parent, spouse or legal guardian over age 21;
• You were in possession of alcohol as part of a religious ritual or ceremony;
• You were in possession of alcohol as part of your employment; or
• The alcohol was discovered during an illegal search and seizure.

Charges of Underage DWUI

People charged with Minor in Possession of Alcohol often face additional charges for Underage DWUI. Someone under age 21 can be charged with DWUI if they have a Blood Alcohol Concentration (BAC) of .02% or higher. This is less than one drink. In some cases, the mere odor of alcohol on the breath of someone under age 21 is enough to lead to charges of Minor in Possession and Underage DWUI.

Should You Fight a Minor in Possession Charge?

If you or your child was charged with Minor in Possession of Alcohol or Underage DWUI, you should contact the defense team at Just Criminal Law as soon as possible. We will analyze your circumstances, explain and help you evaluate your options, and represent you in court. We will mount an aggressive defense designed to win at trial, result in a significant reduction in the charges or penalties you face, or lead to the dismissal of the case against you.

Our criminal defense team is led by founding attorney and former Campbell County prosecutor Christina L. Williams.

To learn more and put our expertise to work for you, contact the defense team at Just Criminal Law today to schedule your personalized case review and strategy session.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.