Business & Professions Code 25662 is California’s minor in possession law: a person under 21 possessing an alcoholic beverage in a public place or a place open to the public.
It is a misdemeanor, and a first offense carries a $250 fine or community service — plus a driver’s-license consequence.
What BP 25662 Says
BP 25662(a) makes it an offense for a person under 21 to possess an alcoholic beverage on a street or highway, or in any public place or place open to the public. It targets possession in public — not private-residence conduct, which is treated differently.
Penalties
A first violation is punishable by a $250 fine, or 24 to 32 hours of community service, as the court determines. A minor-in-possession conviction also triggers a one-year driver’s-license suspension or delay under the Vehicle Code — often the consequence that matters most to a young person.
Defenses and Keeping It Off the Record
- Not in a public place. The statute targets possession in public.
- No possession or knowledge. Mere proximity to alcohol is not possession.
- A recognized exception — the statutory scheme has exceptions, including certain supervised or employment situations.
- Diversion and dismissal. For a young person, the goal is a clean record — judicial diversion (PC 1001.95), informal diversion, and community-service dispositions can keep this off a permanent record.
Frequently Asked Questions
Is a minor in possession (MIP) a misdemeanor in California?
Yes. Under BP 25662, a person under 21 possessing alcohol in a public place is guilty of a misdemeanor. A first offense carries a $250 fine or 24 to 32 hours of community service.
Does an MIP affect your driver's license?
Yes. A minor-in-possession conviction triggers a one-year driver's-license suspension or delay under the Vehicle Code — which is often the consequence that matters most to a young person, and a reason to fight to keep the conviction off the record.
Can an MIP charge be dismissed?
Often. For a young person the goal is a clean record, and these cases are frequently resolved through diversion, community service, or an informal disposition. Defenses include that the possession was not in a public place, or that there was no actual possession.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com