Minor in Possession in Arizona: ARS 4-244(9) click for a free consultation

Posted on March 14, 2025 in Arizona Revised Statutes

Under Arizona law, it is illegal for a minor (a person under age 21) to consume or possess alcohol. Arizona’s minor in possession law is Arizona Revised Statute (ARS) 4-244(9).

This post examines what constitutes a minor in possession (MIP) charge in Arizona, the penalties that follow a conviction, and some possible legal defenses.

If you or a loved one has been charged with minor in possession in Arizona under ARS 4-244(9), you need elite legal defense. Call Rosenstein Law Group at (480) 248-7666 or use our contact form.

What is Arizona’s Minor in Possession Law?

The text of ARS 4-244(9) makes it unlawful for anyone to sell or otherwise provide “spirituous liquor” (alcohol) to a person under the legal drinking age. A spirituous liquor is a beverage that contains at least 0.5% alcohol by volume.

It also prohibits any minor (under 21) from buying, receiving, possessing, or consuming alcohol.

Are There Any Exceptions to the Minor in Possession Law?

ARS 4-244(10) and (11) create some specific exceptions for minors that allow them to handle alcohol in the following circumstances:

• If they are at least 16 years old and supervised by a person at least 18 years old, to check out, package, or carry liquor in an unbroken package for customers of an off-sale retail establishment that does not primarily sell alcohol.
• A possessor of a liquor license can employ a person at least 18 years old to make, sell, or dispose of alcohol.
• An on-sale retailer can employ a person at least 18 years old to handle alcohol.
• An on-sale retailer that sells alcohol can employ a person under age 18 to clean tables and other parts of the premises or to keep ready supplies of needed items.

What Are the Penalties for Conviction Under ARS 4-244(9)?

A conviction for a ARS 4-244(9) minor in possession charge is a class 1 misdemeanor under ARS 4-246(B).

A class 1 misdemeanor conviction can result in the following maximum penalties:

• Up to six months of jail time.
• Up to $2,500 in fines.
• Up to three years of probation instead of jail time.
• Court-ordered alcohol treatment and mandatory alcohol education classes.
• Possible community service.
• Possible suspension of a minor’s driving privileges for up to 180 days.

In addition to court-ordered penalties, having a misdemeanor conviction on your criminal record can have other negative effects:

• It can make it harder for you to find future employment.
• It can make it harder for you to rent an apartment.
• If you are seeking higher education, you can lose opportunities for scholarships.

Are There Any Other Criminal Charges Connected With Minor in Possession?

Depending on the circumstances, a minor in possession of alcohol could also be charged with violations of other liquor-related laws under Arizona’s legal system. These include:

• Public consumption of alcohol under ARS 4-244(20).
• Driving a motor vehicle under the influence of alcohol (DUI) under ARS 28-1381 (any blood alcohol concentration above 0% will be a DUI violation for a person under age 21 ARS 4-244(34)
• Contributing to the delinquency of a minor under ARS 13-3613 (for anyone who provides alcohol to a person under age 18).
• The use of fake identification by a minor to obtain alcohol, or the use of someone else’s identification to do so, or a minor soliciting another person to buy alcohol to provide it to the minor are violations of Arizona’s fake identification law, ARS 4-241. Depending on the nature of the crime, this can be a Class 1 or a Class 3 misdemeanor charge.

What Are the Defenses to a Minor in Possession Charge?

Aside from the certain exceptions we mentioned above allowing minors to handle alcohol in connection with their employment, there are some other ways to possibly avoid legal penalties under Arizona’s minor in possession law.

You Were of Legal Drinking Age

If you can show that at the time of your arrest for a minor in possession, you were actually 21 or older, this is an effective defense to underage drinking or possession of alcohol.

Alcohol in Connection with Religious Purposes

Consumption of alcohol by a person under the legal drinking age is permissible in the performance of a religious service or ceremony under ARS 4-249.

Alcohol Administered for Medicinal Purposes

Alcohol consumed for medicinal purposes is a legal defense under ARS 4-226(3)(a) as long as it does not also contain marijuana.

You Were Not in Actual Possession of an Alcoholic Beverage

Being in the presence of others who are in possession of alcohol is not itself a violation of ARS 4-244(9) as long as you do not yourself consume spirituous liquor, have it on your person, or have it in your physical control. This is often a reasonable doubt defense raised when police charge multiple people at a party or other gathering where minors are in the presence of alcohol.

The Alcohol in Question Was Not a Spirituous Liquor

If the beverage contains less than 0.5% alcohol by volume, this is a legal defense to a minor in possession charge.

Have You Been Charged Under Arizona Law as a Minor in Possession?

Even a misdemeanor-level conviction in Arizona can have serious consequences that affect your life for years after you complete your sentence. So, it is essential that if you are facing a charge as a minor in possession or a minor in consumption of alcohol, you need a law firm that has experienced criminal defense lawyers who know how to handle these cases.

Call the Rosenstein Law Group at (480) 248-7666 to speak with a defense lawyer who can advise you on your legal rights and options in a case involving a minor in possession charge. You can also contact us online to ask a question or schedule a free consultation.