(a) A minor 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. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions:
(1) For the first violation a fine of not more than one hundred dollars ($100.00), 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, 1978 PA 368, MCL 333.6107, and designated by the Administrator of Substance Abuse Services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (c) hereof.
(2) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more than two hundred dollars ($200), 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, 1978 PA 368, MCL 333.6107, 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 as described in subsection (c) hereof.
(3) For a violation of this subsection following two or more prior convictions or juvenile adjudications for a violation of this subsection or Section 33b(1) of former 1933 (Ex Sess) PA 8, 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 the Public Health Code, 1978 PA 368, MCL 333.6107, 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 as described in subsection (c) hereof.
(b) A person who furnishes fraudulent identification to a minor, or notwithstanding subsection (a) hereof a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three days or a fine of not more than one hundred dollars ($100.00), or both.
(c) The court may order the person convicted of violating subsection (a) hereof to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in Section 6103 of the Public Health Code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.
(d) The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (a) or (b) hereof as provided in Section 319 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.319.
(e) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a State civil infraction and may be ordered to pay a civil fine of not more than one hundred dollars ($100.00).
(f) A law enforcement agency, upon determining that a person less than eighteen years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased, or attempted to consume, possess, or purchase alcoholic liquor in violation of subsection (a) hereof shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the law enforcement agency. The notice required by this subsection shall be made not later than forty-eight hours after the law enforcement agency determines that the person who allegedly violated subsection (a) hereof is less than eighteen years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice, including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than seventeen years of age is incarcerated for violating subsection (a) hereof, his or her parents or legal guardian shall be notified immediately as provided in this subsection.
(g) This section does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed under State law if the alcoholic liquor is not possessed for his or her personal consumption.
(h) This section does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this section.
(i) The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this section if the purpose of the consumption is solely educational and is a requirement of the course.
(j) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this section.
(k) Subsection (a) hereof does not apply to a minor who participates in either or both of the following:
(1) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(2) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of a State or local agency as a party of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the State or local agency and was not part of the undercover operation.
(l) The State or local agency shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of subsection (a) hereof.
(M.C.L.A. 436.1703)