5.28Transporting or Possessing Alcohol in a Motor Vehicle by a Person Less Than 21 Years of Age
“An individual less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle as an operator or occupant unless the individual is employed by a licensee under [MCL 436.1101 to MCL 436.2303], a common carrier designated by the liquor control commission under [MCL 436.1101 to MCL 436.2303], the liquor control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the individual’s control during regular working hours and in the course of the individual’s employment.” MCL 257.624b(1).
“[MCL 257.624b] does not prevent an individual less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if an individual at least 21 years of age is present inside the motor vehicle.” MCL 257.624b(1).1
MCL 257.901(2) provides for:
•imprisonment for not more than 90 days; or
•fine of not more than $100; or
•both.
“As part of the sentence, the individual may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in [MCL 436.1703(1)].” MCL 257.624b(1).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Two points. See MCL 257.320a(1)(s); MCL 257.732(1)(a). See Section 1.42 for more information on points.
•License denial mandatory for unlicensed violation; license suspension for 90 days required for prior conviction; license suspension for one year required for two or more prior convictions. See MCL 257.303(1)(j); MCL 257.319(7). A restricted license may be issued. See MCL 257.319(7). See Section 1.45 for more information on license suspension and Section 1.43 for more information on license denial.
•Vehicle impoundment authorized. See MCL 257.624b(2)-(3). See Section 9.12(B) for more information on impoundment.
Related Civil Infraction. See Section 3.16 for information on the related civil infraction found in MCL 257.625b(4).
1 MCL 436.1703(1) provides that it is a state civil infraction or a misdemeanor, depending on whether there is a prior judgment, for a minor to “purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in [MCL 436.1703].” For a discussion of this offense, see Section 5.29(A).