MIP is a class A violation with a penalty of a presumptive fine of $435.00, if a person is operating a motor vehicle while in personal possession of alcoholic beverages. The maximum fine is $2,000.00.
Personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of such beverages, or any portion therof, or a drink of such beverages for a person under age 21.
MIP is a class B violation with a penalty of a presumptive fine of $260.00, if a person is on foot or a passenger in a motor vehicle. The maximum fine is $1,000.00.
A person under 21 years of age may not have personal possession of alcoholic beverages and may not purchase, attempt to purchase, or acquire alcoholic beverages.
MANDATORY COURT APPEARANCE
A citation for the offense of MIP requires you to personally appear before the Judge. Your first appearance/arraignment date is in on the face of the citation given to you by the police officer.
A fine will be ordered. The sentence includes a one year suspension of driving privileges, including your right to apply for a driver's license. The license suspension starts on the date of conviction. If you have a driver's license, the Judge will take your license in the courtroom and send it to the Oregon Department of Motor Vehicles (DMV). At the end of your license suspension period, you must contact DMV and pay a reinstatement fee before you drive a vehicle or apply for your driver's license.
For a first offense, you will be eligible to reinstate your driving privileges 90 days after the suspension start date if you complete the following: the fine is paid in full; an Oregon Impact Panel class is completed; a letter is submitted to the Judge stating what you have learned; and you contact the Court to request reinstatement of your driving privileges.
SECOND OR SUBSEQUENT CONVICTION
A fine will be ordered. You will be required to undergo a diagnostic assessment. The evaluator will refer you to an alcohol information program or to a treatment program designed for counseling. You will pay for the cost of your assessment and the treatment program ordered. The sentence includes a one year suspension of driving privileges, as described above; however, there is no early reinstatement of driving privileges during your one year suspension period.
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