Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Pornography
    • Child Molestation
  • Traffic Offense Help
    • Traffic Offense Help
    • Reckless Driving
    • No-License Driving
    • Hit and Run Accident
  • More Practice Areas
    • White Collar Crime
      • Fraud Charges
    • Theft Defense
    • Drug Offenses
    • Violent Crime
      • Weapons Charges
      • The Three Strikes Law
    • Juvenile Crime
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

Minor In Possession of Alcohol Charges In California

December 19, 2022 Written by Jill Harness and Edited by Peter Liss

california minor in possession of alcohol

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 they cannot be sentenced to juvenile detention or jail if convicted. If you or your minor son or daughter has been accused of being illegally in possession of alcohol in San Diego, contact a defense lawyer as soon as possible.

Minor in Possession (MIP) of Alcohol Penalties

Minor in possession charges are 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. In California, a MIP first 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.

How to Fight Minor in Possession (MIP) Charges

There are many defenses against minor in possession charges in California. Some of the best defenses 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
  • the suspect was delivering the alcohol to a parent or boss

Many of these defenses cannot be relied on if the minor tells the police information to the contrary. For this reason, 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 minor doesn’t lose his driver’s license or have a criminal record. Sometimes a diversion program can also help the teen keep the charge from her record.

Related Criminal Charges

Often minor in possession charges are filed alongside other criminal offenses as well. Charges often faced by those accused of this crime 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

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

  • Furnishing alcohol to a minor (Business and Professions code 25658 (BPC)): An infraction punishable by up to $1,000 in fines
  • Allowing children to consume alcohol in a home (Business and Professions code 25658.2 (BPC)): Punishable by 1 year in jail
  • Contributing to the delinquency of a minor (Penal Code 272 (PC)): Punishable by up to 1 year of jail time and a $2,500 fine

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.

Filed Under: CRIMINAL DEFENSE, JUVENILE CRIME Tagged With: minor in possession, mip, alcohol crimes, minor in possession of alcohol, juvenile drinking laws, 25662 (BPC)

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.