San Diego Minor in Possession Charges

Minor in Possession of Alcohol Penalties

Filed under California Business and Professions Code section 25662 (BPC), minor in possession of alcohol is usually a misdemeanor, though it may be filed as an infraction with the same sentence. Penalties vary based on whether or not the juvenile has any previous convictions on their record:

• First-time offenses are punishable by a $250 fine or 24 to 32 hours of community service.
• Second and subsequent offenses are punishable by a $500 fine or between 36 and 48 hours of community service.

While minor in possession charges are not punishable by jail time, they can still be misdemeanor-level offenses and are best resolved with an experienced defense lawyer. In many cases, an attorney can help a client charged with this offense qualify for a diversion program, which allows for the charges to be dismissed after they complete the terms of their sentence.

Juvenile Vs. Adult Charges

Individuals charged with this offense must be under 21, but both adults and juveniles may be charged with 25662 (BPC). Although the juvenile court process differs somewhat from that of adults, the potential penalties are largely the same, regardless of the minor’s age.

Our dedicated page on the juvenile court process further explains how this system operates compared to the adult court system. You can also learn how a juvenile defense lawyer can help protect your child’s rights and future.

Exceptions to California’s Minor in Possession Law

California law provides several exceptions that may apply to an underage alcohol possession allegation. Here are a few examples:

During Religious Ceremonies

Minors can use alcohol as part of a recognized religious ceremony, such as Holy Communion and Seder.

While Working at a Food Establishment

While minors cannot work at bars or serve as bartenders, they can serve alcohol while working at food establishments.

When Tasked With Delivering It

A minor can legally possess alcohol if they are delivering it to someone of legal age, such as a parent or employer.

In An Emergency

Occasionally, situations arise where someone has a full defense because they were reacting to a true emergency. For example, a teen might legally drive a truck filled with beer if there is no other way to escape a forest fire.

The emergency defense can even protect underage drivers from DUI charges, as long as they only drove far enough to escape the immediate danger.

How to Fight Minor in Possession (MIP) Charges

Even if one of the exceptions above does not apply in a particular case, the prosecution still must be able to prove:

• The individual was under 21 at the time of the offense, and
• They were in possession of a beverage with more than 0.05% alcohol, and
• They were in a public place or a place open to the public, such as a bar or restaurant.

If there is insufficient evidence of any of these elements, it may be difficult for them to secure a conviction. “If the alcohol is not actually in the minor’s possession or they are at a private house party, for example, I would most likely be able to convince the prosecution to drop the charges,” notes Liss.

Even if the evidence shows all elements of the charge were met, it can still be challenged if police discovered it through an illegal search or seizure.

Stay Silent

Keep in mind that statements made to the police can be used as evidence and may damage certain defenses. If you or your juvenile child has been accused of any crime, invoke your right to silence and request an attorney.

If your child was questioned or arrested in connection with an MIP allegation, see our guide to juvenile arrests and detention.

Alternative Sentencing Options

When the evidence makes dismissal unlikely, other alternatives exist to reduce the consequences of a conviction. Many people accused of this charge qualify for a diversion program that allows them to keep the charge off their record.

Alternatively, “I can sometimes have minor in possession charges dropped to a non-alcohol-related infraction as part of a plea bargain,” says Liss. “This can help a young person keep their criminal record clean.”

Will a Minor In Possession Charge Stay on a Minor’s Record?

Because 25662 (BPC) does not carry jail time, one of the biggest concerns people have is its effect on a minor’s future. The good news is that most people sentenced for this crime qualify for automatic expungement or record sealing once they complete their sentence. For more information regarding your specific case, please speak with your lawyer.

Related Criminal Charges

Often, 25662 (BPC) charges are filed alongside other criminal offenses. Some crimes often faced by those accused of minor in possession allegations include:

• Underage DUI
• Drunk in Public
• Open container laws
• Possession of a fake ID

If your child was arrested for minor in possession or any related crime, our guide to juvenile arrests and detention can help you know what to expect in the immediate future.

Can Adults Be Charged in These Situations?

Yes. Adults who help minors gain access to alcohol may be charged with:

• Furnishing alcohol to a minor
• Allowing children to consume alcohol in a home
• Contributing to the delinquency of a minor

How Can A Lawyer Help?

An attorney handling a minor in possession case can investigate the circumstances, determine whether an exception applies, challenge the evidence, and pursue dismissal, diversion, a strong plea bargain, or acquittal, where appropriate

If you are an underage adult or the parent of a child who has been accused of possession of alcohol, please call San Diego attorney Peter M Liss. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation.