Alcohol: Minor In Possession and Fake ID
Under California law, it is illegal for any person under 21 years of age to possess or consume alcohol. If caught with alcohol, you can be charged with a misdemeanor offense.
If you are under 21, have a fake ID, and use it to procure alcohol and/or gain entry into bars and/or clubs, you can be cited for a misdemeanor false identification violation (California Business and Professions Code Section 25661).
Possible consequences after receiving an MIP or Fake ID violation?
- You can be convicted of a misdemeanor offense (will appear on your criminal record), fined citation fees, court-ordered community service, and/or imprisonment for up to 6 months.
- Your driver's license can be suspended for up to 1 year, even if you were not driving at the time of the offense. In an instance where you appear in court, and the DA or judge offers to reduce the misdemeanor to an infraction you are still pleading guilty. In this case a “no contest” plea is the same as a guilty plea. Once convicted the court will send this information to The California Department of Motor Vehicles (DMV), which then automatically suspends your license for one year.
- If the court orders a license suspension, the period of suspension will be specified in the court order. It is worth noting that the suspension period can be extended if you have prior MIP convictions or if you refuse to take a breathalyzer test. Refusing to take a breathalyzer test can result in an automatic 1-year license suspension, in addition to any other penalties imposed for the MIP offense.
- If a minor is caught driving with a blood alcohol concentration (BAC) of 0.01% or higher, they can be charged with a DUI, which is a criminal offense. The penalties for a minor DUI in California can include a fine of up to $1,000, a license suspension of one year, and completion of an alcohol education program.
- Additionally, a minor may face additional penalties if they are found to have been driving with a BAC of 0.05% or higher, including mandatory installation of an ignition interlock device on their vehicle. It's important to note that the penalties for a minor DUI in California can be more severe if there were aggravating factors, such as causing an accident or having a BAC of 0.08% or higher.
What Happens If You Are Convicted
If you're convicted of MIP (minor in possession) or using a fake ID, it will show up on your criminal record, and this could affect your plans. For example, some graduate school applications ask if you have a criminal record, and some jobs may be harder to get with a criminal record. You can get the misdemeanor “dismissed” but even then, it will still be accessible through court and criminal records.
What To Do After Receiving a MIP or Fake ID Citation?
If you have received a MIP, Fake ID, or alcohol/drug-related citation you should first reach out to the Law Clinic. The Law Clinic will be able to provide you with more information regarding your situation and attempt to get you into contact with a legal professional to further discuss your issue. After meeting with a legal professional, they will probably recommend one of these 3 approaches depending on your preferences and resources:
Hiring a private criminal attorney
Hiring a private criminal attorney to contest a minor in possession of alcohol violation in court can provide the best chance of a successful outcome. Private attorneys have experience in defending clients against criminal charges and can use their knowledge of the law to build a strong defense. They can also negotiate with the prosecutor to potentially reduce charges or seek alternative sentencing options. Contact the Law clinic or refer to the “Hiring A Lawyer” information page on the law clinic page to help search for an attorney.
With the Assistance of a Public Defender
Here is a step-by-step guide on how to obtain a public defender in Merced, including contact information for a minor in possession of alcohol citation:
- Determine if you qualify for a public defender. In California, if you cannot afford an attorney, you may be eligible for a public defender. The court will consider your income, expenses, and other financial obligations to determine if you qualify.
- Contact the Merced County Public Defender's Office. You can call the office at (209) – 385 – 7692, visit them in person at 1944 M St, Merced, CA 95340, or by email at public.defender@countyofmerced.com. Be prepared to provide information about your case and financial situation.
- Complete the necessary paperwork. The public defender's office will provide you with a financial declaration form to complete. This form will ask for information about your income, expenses, and assets.
- Attend your court hearing. If you qualify for a public defender, the judge will appoint one to represent you at your next court hearing. The first
- Work with your public defender. Your public defender will work with you to build a defense and represent you in court. Be sure to communicate openly and honestly with your attorney about your case.
Representing yourself for an infraction:
When an individual is charged with an infraction, such as a minor in possession of alcohol violation, they will typically receive a citation or ticket with a court date. If they choose to contest the citation, they will need to appear in court on the specified date. Once you are issued a ticket or citation it is your responsibility to check for the court date and time appearance assigned to you.
Another option that individuals charged with an infraction may have, particularly for first-time offenders, is to request a diversion program. A diversion program is a type of alternative sentencing option that allows individuals to avoid a conviction by completing a set of requirements, such as community service, alcohol education classes, or counseling.
However, it is generally not recommended, as criminal cases can be complex and require knowledge of the law and courtroom procedures. Without the assistance of an attorney, you may miss important details or fail to present a strong defense, leading to a potential conviction and penalties.
If you are unsure about what to do at any point, remember that you have the right to plead not guilty to the charge(s) and request a trial. If you feel the need, you may also want to consider hiring a private attorney. You can reach out to the law clinic to see how they can help and look at our guide on hiring a lawyer.
If you are charged with a misdemeanor, it is not recommended that you attempt to resolve a misdemeanor case without legal counsel.
Note: this is information accessible to the public and does not constitute legal advice nor counsel. For more information or to discuss this topic in depth, schedule a meeting with the Law Clinic.
