§ 3-6. Underage purchase, consumption or possession.

A person less than twenty-one (21) years of age shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, or possess or attempt to possess alcoholic liquor, except as provided in this section and section 3-10. A person less than twenty-one (21) years of age who violates this subsection is guilty of a misdemeanor punishable by the following civil fines and sanctions:

(a)

For the first violation of a fine of not more than one hundred dollars ($100.00) and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense.

(b)

For a second violation a fine of not more than two hundred dollars ($200.00), and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.6107 of the Michigan Compiled Laws, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense. The person is also subject to sanctions against his or her operator's or chauffeur's license imposed by state law.

(c)

For a third or subsequent violation, a fine of not more than five hundred dollars ($500.00), and may be ordered to participate in substance abuse prevention or substance abuse treatment and rehabilitation services as defined in section 6107 of Act No. 368 of the Public Acts of 1978, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense. The person is also subject to sanctions against his or her operator's or chauffeur's license imposed by state law.

(d)

A peace officer who has reasonable cause to believe a person less than twenty-one (21) years of age has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A legal presumption shall be made by the court that the person less than twenty-one (21) years of age has consumed or possessed alcoholic liquor if a preliminary chemical breath analysis or other acceptable blood alcohol test indicates the person's blood contained two-tenths (0.2) percent or more by weight of alcohol. A person less than twenty-one (21) years of age who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a civil infraction.

(Code 1977, § 9.175A; Ord. No. 550, § 1, 12-18-95)

State law reference

Similar provisions, MCL 436.33b, MSA 18.1004(2).