Consequences of a Minor in Possession:
The Importance of Hiring a Defense Attorney

The phrase "misdemeanor minor in possession of alcohol", or more widely known as minor in possession or even more simply, MIP, is not something to be taken lightly.

Under California Business and Professions Code 25662, it is a misdemeanor for any person below the age of 21 to possess any alcoholic beverage, on any street, highway, or in any area open to the public.  

California Penalties for a minor in possession include:

  • Fines and Community Service. Upon a first conviction, there will be a $250 fine and 24-32 hours of community service. A second offense could result in as much as a $500 fine and up to 48 hours of community service. These financial burdens and community service hours may affect your daily life, depending on your schedule and financial situation.  
  • Suspension of your driver's license for one year. You may be surprised to know that this can happen even if you were not the driver of the vehicle you were in. If you have not received your license yet, the court will notify the DMV to delay your driver's license for one year after you pass your test. 
  • Conviction of a misdemeanor. This means that this will appear, and stay on your criminal record. It is common to be asked if you have committed a crime, especially on any type of application. This could affect your ability to be hired, or entrance to programs of any kind including but not limited too, graduate, doctoral, or credential. 
  • Charges of a DUI. If you are driving a car and your blood alcohol content is .05 percent or higher you may also be charged with driving under the influence. This equates to a suspension of your driver's license for one year.
  • Charges of an Open Container violation. In addition to an MIP, you may be charged with an open container violation if you are caught drinking in a public setting. 

Even though initially these consequences may not seem life-altering, it's possible that they may follow a young person into their adulthood. Don't leave that to chance, and get help now!

"I received a MIP- what should I do?" 

There are a few routes to take when charged with a minor in possession. The above consequences indicate the severity and the possible changes in your life that may come from receiving an MIP. Some people, unfortunately, opt to work through their case alone, this is a huge mistake and not recommended.  

Change the trajectory of your life and hire a qualified and knowledgeable defense attorney

Contact Joni K Eisenstein, Oceanside's best criminal lawyer today, if you or someone you know has been charged with a minor in possession offense. Why try to fight this on your own? Let Lawyer Joni Eisenstein help you and your case as she has done for years throughout San Diego County. You need someone as invested as Joni on your side. With someone as qualified as defense attorney Joni Eisenstein, you have a greater chance of finding the proper defense to help you avoid any type of conviction, penalty, or consequence.  

Some possible defense that may be used towards your case: 

  • The alcohol was not yours or was being brought to an adult.
  • You did not have actual possession of the substance.   
  • The substance was in your possession in a private residence.
  • The substance was misidentified as something it wasn't. 

Contact Joni and her staff today for a free, no-obligation consultation to talk about your options. With an experienced lawyer like Joni, you have the opportunity to get your life back.  

If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now

Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.

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