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Minor In Possession of Alcohol Attorney In San Diego, California

Written by Jill Harness and Edited by Peter Liss

Last Updated on July 2, 2025

california minor in possession of alcohol law

In California, being under the legal drinking age doesn’t just prohibit you from consuming alcohol; it also prevents you from possessing it in any public place. Minors convicted of this crime face misdemeanor charges, but the offense is only punishable with a fine or community service, so teens convicted for this crime cannot be sentenced to juvenile detention or jail. If you or your minor son or daughter has been accused of illegally possessing alcohol in San Diego, contact a defense lawyer as soon as possible.

Minor in Possession (MIP) of Alcohol Penalties

Minor in possession charges are misdemeanors filed under California Business and Professions Code section 25662 (BPC). Under this law, the penalties vary based on whether or not the juvenile has any previous convictions or this charge on their record. California law stipulates that a first-time minor in possession offense is punishable by a $250 fine or 24 to 32 hours of community service. For second and subsequent convictions, the penalty increases to a $500 fine or between 36 and 48 hours of community service.

Additional Consequences

While minor in possession charges are not punishable by jail time, they are still misdemeanor-level offenses and are best resolved with an experienced juvenile crimes lawyer. As a misdemeanor, a conviction will end up on a young adult’s criminal record, which could affect their ability to get into college, find financial aid, seek employment, or find quality housing.

Most of those under 18 at the time of the offense will have their records automatically sealed after completing their sentence. However, those over 18 but not yet of legal drinking age when they were arrested can have their records expunged to make it easier for them to attend college, find a good job, and seek out housing later on.

Aside from the potential complications of having a misdemeanor on their criminal record, most offenders found guilty of this charge will also face a one-year driver’s license suspension or a one-year delay in being able to obtain a driver’s license.

Exceptions to the Law

There are some exceptions where a minor may legally possess alcohol and, in some cases, even consume it. Here are some situations where someone under 21 can have alcohol without violating 25662 (BPC):

  • It was used as part of a religious ceremony, such as communion.
  • The minor used or possessed alcohol while under the supervision of their parent or legal guardian. Note that while a parent can provide their own child with alcohol, they cannot offer it to other minors under the age of 21.
  • A minor may serve alcohol at a food establishment without violating the law. However, those under 21 cannot work at bars or operate exclusively as bartenders.
  • The minor was delivering the alcohol to someone of legal age, for example, a parent, employer, or a customer if they are employed as a delivery driver.

One final exception falls under a rare, but strong defense: an emergency situation. If juveniles consume alcohol illegally, they can seek medical help for themselves or another individual under the drinking age without fear of legal consequences. This exception does not apply when the incident involved drinking and driving unless that offense also resulted from a medical necessity.

For example, imagine a group of teens were drinking in the desert, out of range of cell phones, and one of them required emergency medical assistance after a severe head injury. In that case, a teen who drove may be able to fight the DUI charges and minor in possession charges if they drove only far enough to get back into an area with reception or to a business or home with a phone they could use to call for help.

How to Fight Minor in Possession (MIP) Charges

There are many defenses against minor in possession charges in California. Some of the best ways to fight these allegations include:

  • the juvenile wasn’t actually in possession of the alcohol
  • the teen wasn’t in a public place when the police arrested them
  • the police discovered the alcohol during an illegal search and seizure
  • your case falls under one of the exceptions above

Many of these defenses cannot be relied on if the minor tells the police information to the contrary. For example, if a teen says they were trying to bring alcohol to an underage drinking party, they cannot later say they were transporting it to their parents or boss. Remember that teens, like adults, should never speak with the police without having a criminal defense attorney present.

When the charges cannot be successfully fought altogether because there is sufficient evidence to prove the juvenile’s guilt, other alternatives exist to reduce the consequences of a conviction. With the help of an experienced lawyer, it is common to have minor in possession charges dropped to a non-alcohol-related infraction. The great advantage to this is the juvenile doesn’t lose their driver’s license or have a criminal record.

Alternatively, sometimes a diversion program can also help the teen keep the charge from their record.

Related Criminal Charges

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

  • Drunk in Public (Penal Code 647(f) (PC)): Punishable by up to 6 months in jail for a first offense
  • Open container laws (Vehicle Code 23244 (VC)): An infraction punishable by $250 in fines
  • Underage DUI (Vehicle Code 23136 (VC)): Drivers under 21 can receive a DUI for having as little as .01 % BAC
  • Possession of a fake ID (Penal Code 470(B) (PC)): A wobbler, meaning it is punishable by 1 year in jail as a misdemeanor or 3 years as a felony. Most minors using fake IDs to buy alcohol will face only misdemeanor charges

Additionally, adults who helped enable the minors to obtain or use alcohol may also be charged with the following:

If you are a minor who has been charged with possession of alcohol, or the parent of a teen facing these charges, San Diego lawyer Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation.