- Minors in Tennessee don't actually have to consume alcohol to break the law
- Anyone under age 21 can be charged simply for holding it or storing it
- Penalties can include jail time and a lifelong criminal record
It's common knowledge that 21 is the legal drinking age in the U.S. But in Nashville (and the rest of Tennessee), minors don't have to consume alcohol to break the law. They can face charges for holding it, storing it for another person, or transporting it.
The state's "minor in possession of alcohol" (MIP) charge is broad and doesn't require a minor to be actively drinking to face charges, and an offender may face penalties including up to 11 months and 29 days in jail and a $2,500 fine.
Additionally, a conviction stays on their criminal record for life and can affect school and career options.
What is Considered “Minor in Possession of Alcohol” in Nashville?
In Tennessee, it's illegal for anyone under 21 to consume alcohol — period. Unlike some states that allow minors to drink under parental supervision at home or for religious ceremonies, Tennessee doesn't make those exceptions (except for specific, narrowly defined religious contexts). But consumption isn't necessary to face criminal charges.
If you're under 21 and caught with alcohol—even if you weren't drinking it—you could still be charged with a misdemeanor in Tennessee. Just having it in your possession is enough to get you in trouble.
Penalties for a First-Time MIP Charge in Nashville
For a 1st offense, penalties can include:
- A fine of up to $2,500
- Up to 11 months and 29 days in jail (though it's rare for first-timers to serve time)
- A 1-year driver's license suspension, even if you weren't driving (you might be able to get a restricted license)
- Community service and/or mandatory alcohol education classes
Even one mistake can have long-term consequences, so it's essential to take the charge seriously.
Is Jail Time Likely for a First-Offense Minor in Possession Charge?
Though up to almost a year of jail time is technically possible, it's extremely unlikely that a first-time offender will be sentenced to jail for a MIP charge.
Judges in Davidson County will often sentence first offenders to:
- Fines
- Community service
- Diversion programs
- Alcohol education classes
- Driver’s license suspension (usually for one year)
Can You Get a Diversion or Expungement for a First-Time MIP?
It's possible. If this is your first offense, you may be eligible for judicial diversion or pretrial diversion, both of which can eventually lead to expungement (which clears your record).
Diversion programs allow some first-time, non-violent offenders to complete court requirements such as community service or alcohol education classes. Once these requirements are complete, the charges against you will be dismissed.
There are two types of diversion programs:
- Pretrial: In this case, you never enter a formal guilty plea. If you complete all requirements, the case is dropped.
- Judicial: You must plead guilty, but the court holds off on entering a conviction. If you complete the program, your record will be cleared.
Each county handles diversion a bit differently, but courts in Davidson County are often willing to approve diversion programs for a first MIP offense. However, you’ll typically need to:
- Have no prior criminal record
- Complete community service
- Attend alcohol education or treatment
- Possibly check in with a probation officer
- Pay court fees or program costs
Will You Lose Your Driver’s License for an MIP Charge in Nashville?
It’s possible, and it will depend on the judge. Penalties for a first offense can include suspension of your driver's license for up to one year. However, you may be eligible for a restricted driver's license that will allow you to drive to school, work, or to complete essential errands.
After 90 days, the offender can apply to the court for early withdrawal of the license suspension.
A second offense could result in:
- Driver's license suspension for two years, or until you turn 18
- Mandatory license suspension for a year before you become eligible for a restricted driver's license
Any minor caught drinking will have their driver's license confiscated, even if they weren't driving under the influence.
How a Minor in Possession Conviction Affects Your Future
Minor in Possession (MIP) charges can have other, longer-term ramifications, including a lifelong criminal record. It can potentially cost you some educational opportunities and scholarships. It will also appear on background checks, which can:
- Potentially cost you employment opportunities
- Prevent you from qualifying for some professional licenses
- Make it more difficult to rent an apartment
- Lead to difficulties qualifying for some student loans
An experienced Nashville DUI lawyer will review your options.
Other Alcohol-Related Charges Minors Can Face in Tennessee
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Underage consumption: If there is proof that someone under age 21 consumed intoxicating liquor or beer, they could be charged with underage consumption. Underage consumption is a Class A misdemeanor that carries up to 11 months and 29 days in jail, a fine of up to $2,500, and the possibility of other penalties, including community service, rehabilitation treatment, and alcohol education programs.
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Driving under the influence: While most people know that the legal blood alcohol concentration (BAC) limit for adult drivers is 0.08%, the legal limit for underage drivers is 0.02%. This means that operating a vehicle with any amount of alcohol at all in your system is illegal for anyone under age 21. Anyone who is convicted of or pleads guilty to underage DUI charges will face hefty fines and a driver's license suspension.
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Purchase of alcohol by a minor: Buying alcohol (with or without false identification) is illegal. Additionally, anyone caught selling or otherwise providing alcohol to minors can also face criminal charges.
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Internal possession: If you're under 21 and you weren't seen consuming alcohol, but it was detected in your system by a chemical test, you could be charged.
Potential Defenses to a Minor in Possession of Alcohol Charge
Since prosecutors only have to prove that the minor possessed alcohol, the defense can be tough, but we still have a few options.
These could include:
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Lack of possession: You must have knowingly possessed the alcohol. If you didn't actually have control over it (for example, if you were standing near alcohol at a party), that may not count as legal possession.
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Religious ceremony exception: Tennessee law permits underage consumption as part of a religious ceremony, such as communion in a church. If your situation qualifies under this narrow exception, we may be able to use it as a defense.
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Lack of knowledge: We may be able to argue that you didn't know a beverage contained alcohol — especially in cases involving drinks handed to you at a party.
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Mistaken age / lawful employment: If you are 18 or older and working in a job where handling alcohol is allowed (such as waiting tables), you may lawfully possess alcohol as part of your employment — but not consume it.
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Entrapment or unlawful police conduct: If police violated your rights or used improper tactics (such as coercing a confession or conducting an illegal search), we may be able to have evidence suppressed.
When to Call a Nashville Criminal Defense Lawyer
If you or a family member is facing an MIP charge, an experienced attorney can help. Contact us before you decide to plead guilty to the charges you're facing. You must fight these charges.
A guilty plea will leave you with a lifelong criminal record that can cost you educational opportunities, scholarships, and even limit potential career paths due to potential licensing requirements. It will appear on background checks during job searches, potentially costing you employment opportunities.
We will carefully review the details of your case and talk you through your options. Our #1 goal is to get the charges against you dismissed.
Contact us today to set up a free consultation.
More Frequently Asked Questions About MIP Charges in Tennessee
Can I be charged with MIP even if I wasn’t drinking?
Yes, you can be charged simply for possessing alcohol. This includes holding, storing, or transporting it. You don’t have to be actively drinking to be charged with a crime.
What happens to my driver’s license if I’m convicted of MIP in Tennessee?
A first-time conviction usually comes with a one-year driver’s license suspension, even when you weren't driving. You may be eligible for a restricted license to get to work or school, and in some cases, you can apply for early reinstatement after 90 days.
Will a Minor in Possession charge show up on a background check?
Yes, unless you’re able to get the charge dismissed or expunged. A conviction will show up on background checks for college, jobs, and housing. That’s why many first-time offenders try to qualify for diversion programs to keep their record clean.
