Ten Tips for Teens: A Guide for Parents to Keep Their Kids Out of Legal Trouble

By Lisa B. Kirsch Satawa

Often in this age of information and access, teens find themselves in unanticipated situations that require good judgment and sound mature decision-making. Teens and adolescents battle with being cool and being right. Our laws do not necessarily make the “obvious” illegal. Instead, our laws do not excuse ignorance. This guide will educate you, your child/ teen/ adolescent on what is lawful.

1. It is illegal to transport or possess alcohol in a motor vehicle if a person is less than 21 years of age. This is commonly referred to as MIP. Possession can be defined as having any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor. Often minors are given preliminary breath tests and if they show any alcohol in their system a ticket is issued. Violation can be penalized by probation, treatment, community service and/or a fine of up to $100 and court costs. Some Judges are even sentencing our teens to jail time if there is a violation of the original sentencing terms. A person will receive 2 points on his/ her driving record for the first offense. If it is a second offense, a person’s license will be suspended for 90 days and a restricted license allowing him/her to go to work, school, counseling, community service, alcohol treatment only, can be issued after the first 30 days. Third offense, driver’s license will be suspended for one year and a restricted is available after the first 60 days. There are exceptions if one is transporting alcohol as part of their employment or if one is accompanied by someone over 21 years of age in the vehicle.
2. Zero Tolerance Laws: A person less than 21 years of age cannot operate a motor vehicle, whether licensed or not, within the State of Michigan if the person has any bodily alcohol content. Any bodily content is a breathalyzer result of .02. As a comparison, adults are illegally driving while impaired at .08. This offense is penalized as a first time offender with up to 360 hours of community service, a fine of not more than $250.00 or both. This is a misdemeanor conviction that will be on your driving record and criminal record. First time offender’s driving privileges will be suspended for 30 days. In order to get your driver’s license back, a person may have to pay a $500 driver responsibility fee as well. As a side, it is also illegal to drive under the influence of any illegal substance, including Marijuana.
3. Refusing to take the PBT will not get you off the hook! If a police officer believes that a person under the age of 21 is operating a car with any alcohol content, he may require the driver to take a preliminary breath test (PBT). Refusal to submit is a civil infraction with a two point penalty. Other sanctions may be imposed depending on the facts.
4. Possession of Marijuana or other controlled substances, A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue or a prescription form unless the substance is obtained directly from a physician with a valid prescription. The penalties are harsher as the drugs become more serious. Quantity, packaging and nature of the substance determine the penalties. Any illegal possession of a controlled substance impacts one’s driver’s license. The minimum licensing sanction is suspension for 6 months. The Judge has discretion to grant a restricted license after the first 30 days. The same sanction applies to possession of paraphernalia.
5. It is illegal to purchase, possess or use cigarettes or other tobacco under the age of 18. This is a misdemeanor punishable by a fine of up to $50.00 per violation. So, you cannot buy them; can’t have them and can’t smoke them in a public place and it’s really really bad for you.
6. Lawn Jobs, destruction of trees, shrubs, plants, or soil with a car. License suspensions and penalties including fines and jail time are determined by the value of the property damaged. If the value is over $200 but less than $1,000, an example of this misdemeanor conviction is not more than one year in jail and not more than $2000 fine or three times the value of the property whichever is greater.
7. Joyriding is anytime a person takes a car without permission and without intent to steal. If a person is convicted he/she is subject to up to two years in prison and a fine of not more than $1500. Anyone who assists in using the vehicle is also guilty. Attempt Joyriding and joyriding are both reported to the secretary of state and 2 points are assessed on your driving record.
8. If a police officer says stop, you must stop! Failing to respond to a police officer’s command is called fleeing and eluding. Giving an officer fake ID also falls under this offense. This is a felony punishable by up to 2 years in prison or a fine of up to $500 or both.
9. It is illegal to urinate in public. This is disorderly conduct and is a misdemeanor punishable by up to 90 days in jail and/ or a $500 fine. If you are caught urinating in public three times you will also be put on the sex offender registry.
10. IT IS ILLEGAL TO HAVE SEX WITH A PERSON UNDER THE AGE OF 16 EVEN IF HE/SHE LIES ABOUT HIS/HER AGE. If you are convicted of this offense, sentence is mandatory imprisonment of up to 15 years.

So, don’t drink, don’t drive, don’t smoke, don’t have sex and if you must make sure you are both of age and are being “safe”. Of course, each of these laws has been simplified for purposes of this article. It is not the intent of the article to give complete legal advice, merely an overview to start worthwhile discussions about relevant topics or choices your child may have to make soon.