Underage Possession of Alcohol in California

San Jose Drug Crime Lawyer And Santa Clara Alcohol-Related Offense Attorney

Alcohol-related offenses are some of the most common juvenile offenses. In California, the consumption of alcohol by people under the legal drinking age of 21 is not explicitly prohibited. However, the possession of alcohol by those under age 21 is prohibited.

Underage Possession

California law prohibits the possession of alcohol by anyone under the age of 21, while in any street, highway, public place, or place open to the public, such as a restaurant. There are some exceptions to this rule, however. An underage person may possess alcohol if he or she:

• Is in a private location;
• Is delivering or disposing of alcohol as instructed by a parent, guardian, or responsible adult relative, including a spouse; or
• Calls 911 to report the need for medical attention due to underage alcohol consumption, stays with the person needing help until the help arrives, and cooperates with medical assistance and law enforcement.

For purposes of the law, alcohol means a liquid or solid containing at least one half of one percent alcohol, that is meant to be consumed. To possess alcohol, an underage person does not have to physically hold the alcohol. Possession instead means having control or the right to exercise control over the alcohol.

The underage possession of alcohol is a misdemeanor in California, and goes on an offender’s criminal record. A first offense is punishable by either a $250 fine or 24 to 32 hours of community service, to be performed during hours when the offender is not at work or school. A second violation is punishable by a fine of up to $500, 36 to 48 hours of community service, or a combination of a fine and community service.

Additionally, the underage possession of alcohol leads to a driver’s license being automatically suspended or revoked, for one year. If a license has not yet been issued, any application for a license will be denied for one year. For each subsequent violation, another year of suspension or denial will be added to the original period.

Possession in Vehicles

Possession of alcohol laws are even stricter for minors in cars. An underage person may not drive a car knowing that there is an alcoholic beverage in it. Underage people are also prohibited from being passengers in vehicles while possessing alcoholic beverages. It does not matter whether or not the alcoholic beverage is opened.

There are three exceptions to the rule, however—if the underage person is:

• Accompanied by a parent, guardian, or responsible adult relative;
• Following a parent’s or guardian’s directions for the disposal of the alcohol; or
• Transporting the alcohol for employment purposes.

An underage person has a defense to a possession in a vehicle charge if the alcohol was in the trunk of the vehicle. If the vehicle has no trunk, the alcohol may be in a locked container or in an area of the car that people usually do not occupy, such as a pickup truck bed, but not including a glove box.

Possession in a vehicle is a misdemeanor. It is punishable by up to six months jail and a fine of up to $1,000. If the car at issue is registered in the underage offender’s name, it can be impounded for up to thirty days.

Underage drinking charges are serious. If you have been charged with or arrested for an underage alcohol-related offense, please call (408) 277-0377 or contact us online to schedule your appointment with skilled San Jose criminal defense attorney Wesley Schroeder today.