Minor in Possession

Written By Davis Hewitt

In California, Minor in Possession (MIP) refers to a person under the age of 21 being caught in possession of alcohol in a public place or a vehicle. It is governed primarily by California Business and Professions Code § 25662(a). In a college town like Chico, MIP is a common offense and I frequently receive calls from students or parents seeking information. Below is some general information about the offense.

Key Points of California MIP Law:

  • Applies to: Anyone under 21 years old.

  • Illegal to possess: Any alcoholic beverage in public places, streets, or in a vehicle.

  • Possession includes: Having alcohol on your person (in hand, bag, pocket, etc.), or under your control (e.g., in your backpack or car).

An attorney can be very helpful if you're charged with Minor in Possession (MIP) in California, even though it’s considered an infraction, not a misdemeanor. Here's how they can assist:

An attorney can look at the circumstances and determine if the charge is valid. Common defenses include:

Legal Defenses

  • Lack of actual possession (e.g., it wasn’t yours, and you didn’t have control over it).

  • Unlawful search or seizure (e.g., your rights were violated during the stop or search).

  • Valid exception (you were with a parent, guardian, or employer and the possession was legal under those conditions).

Negotiate a Favorable Disposition

An experienced attorney might also:

  • Get the charge dismissed or reduced (e.g., to a non-alcohol-related infraction).

  • Work out a deferred judgment or diversion program, allowing you to avoid a conviction if you complete certain requirements (like alcohol education or community service).

Mitigation

Attorneys can also advocate for:

  • Reduced fines

  • Alternative penalties instead of a driver’s license suspension

  • Community service tailored to your schedule or circumstances

Represent You in Court

If you’re required to appear in juvenile or traffic court, your attorney can:

  • Appear on your behalf (often for infractions)

  • Present your case professionally

  • Make sure your rights are protected

Bottom Line:

Even though an MIP is a lower-level offense, the long-term consequences (license suspension, record, insurance costs) can be serious. An attorney may be able to get the case dismissed or significantly reduced, especially for a first-time offense.

Davis Hewitt
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