California’s Laws on Underage Possession of Alcohol and DUI
Like every state in the nation, the State of California has several laws that aim to deter underage drinking. It is important to be aware of these laws and how they can come into play in the event of an arrest. If your child has been arrested on the suspicion of being in the possession of alcohol, speaking to a well-versed criminal defense attorney is critically important. The Southern California attorneys at Milligan, Beswick, Levine & Knox, LLP can provide proficient legal assistance.
An aggressive criminal defense law firm like Milligan, Beswick, Levine & Knox, LLP can work immediately in the defense of the accused minor. When facing underage drinking charges, efficient legal representation can work to dismiss the charges or lessen them to avoid long-term penalties. Consider scheduling a free initial consultation with Milligan, Beswick, Levine & Knox, LLP by calling (909) 894-0812 today.
Possession of Alcohol in California
It is unlawful in the State of California for an underage person to be in the possession of an alcoholic beverage in a public place. To prove this offense, prosecutors will need to establish that the minor was a minor at the time of the offense, and constructively or was actually in possession of the beverage. Additionally, prosecutors are tasked with proving that the possession was in a place open to the general public, including highways or streets. Because of the law’s wording, minors cannot be charged when they are in the possession of alcohol in their own home.
Underage DUI Charges for Individuals Under 21
California has two laws aimed toward DUIs for minors:
- Vehicle Code §23136 – the “zero tolerance” statute, and
- Vehicle Code §23140 – driving with a blood-alcohol level of .05% or higher for minors.
The aforementioned laws apply to those who are under 21 years of age and when convicted, the penalties can include a year suspension of a driver’s license. In addition to these laws, minors suspected of driving while under the influence of alcohol can further face standard adult violations, including:
- California’s Vehicle Code §23153 – operating a vehicle while under the influence causing injury to another,
- California’s Vehicle Code §23152 (f) – operating a vehicle while under the influence of drugs,
- California’s Vehicle Code §23152 (b) – operating a vehicle with a blood-alcohol level of 0.08% or higher, and
- California’s Vehicle Code §23152 (a) – DUI of alcohol and/or drugs.
Underage Possession of Alcohol in a Vehicle
Minors can often be charged with the possession of alcohol in a vehicle per the California Vehicle Code §23224. Based on this, minors under the age of 21 cannot carry an alcoholic beverage in their vehicle unless:
- The bottle in which the alcohol is stored is unopened, full, and sealed; and
- The individual is being accompanied by a parent, is transporting the alcohol as part of a work-related duty, or is getting rid of the beverage based on the instructions of a specified adult.
Obtain Proficient Legal Defense Today
Multiple state laws could affect a minor when he or she is found to be in the possession of alcohol. If your child is being charged with violating the state’s underage drinking and driving laws, it is important to seek the legal support of a knowledgeable attorney.
The experienced criminal defense legal team at Milligan, Beswick, Levine & Knox, LLP are equipped to handle the most complex criminal cases involving underage drinking. Speak to an experienced attorney today to learn more about your legal options. Call (909) 894-0812 to obtain a no-obligation consultation with Milligan, Beswick, Levine & Knox, LLP.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.