Furnishing or Selling Alcohol to a Minor Defense Attorney

California law takes allegations involving alcohol and minors seriously. A person may face criminal charges for selling, furnishing, or giving alcohol to someone under 21, and related allegations may also expose a business or license holder to administrative consequences. These cases can arise in stores, restaurants, bars, parties, private gatherings, or other social settings, and the exact charge often depends on the facts.

At the Law Office of H. Charles Gorian, we understand that these cases are not always as straightforward as they first appear. In some situations, the issue may be identity, knowledge, or whether the accused actually furnished the alcohol at all. In others, the case may involve a business, employee, or licensed premises, creating additional concerns beyond the criminal charge itself. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

Call (951) 395-0511 today for a free and confidential consultation.

What Is Furnishing or Selling Alcohol to a Minor?

California Business and Professions Code section 25658(a) makes it a misdemeanor for a person to sell, furnish, give, or cause alcohol to be sold, furnished, or given to a person under 21 years of age. The statute applies broadly and can be used in a variety of factual situations, including direct sales, social furnishing, or causing alcohol to be provided to an underage person. The same code section also separately makes it a misdemeanor for a person under 21 to purchase alcohol, and for a person under 21 to consume alcohol in on-sale premises, subject to statutory exceptions. Those are separate allegations, however, and should not be confused with the charge of furnishing alcohol to a minor.

Penalties for Furnishing Alcohol to a Minor

For a standard violation involving furnishing alcohol to a minor under section 25658(a), the statute provides that the defendant shall be punished by:

  • a $1,000 fine, with no part suspended, and
  • at least 24 hours of community service during hours when the person is not employed and not attending school.

A more serious penalty applies under section 25658(c) where a person furnishes alcohol to a minor, the minor consumes it, and the minor thereafter proximately causes great bodily injury or death to themselves or another person. In that situation, the offense is a misdemeanor punishable by:

  • six months to one year in county jail
  • a fine of $3,000
  • or both imprisonment and a fine.

The statute also separately addresses on-sale licensees who knowingly permit underage consumption on the premises, which may raise both criminal and licensing issues.

a person having a tequila shot

Cases involving alcohol and minors may also involve other statutes. For example:

  • Business and Professions Code section 25658(b) addresses underage purchase of alcohol and underage consumption in on-sale premises.

Business and Professions Code section 25662 addresses possession of alcohol by a person under 21 in a public place or place open to the public. Secondary sources describing the current statute reflect that a first offense typically carries a $250 fine or community service, with increased consequences for later violations.

Because these offenses are separate, it is important to identify the exact code section charged in your case.

Common Defenses to Alcohol-to-Minor Charges

Every case depends on the facts. Possible defenses may include:

  • the accused did not actually sell, furnish, or give the alcohol
  • mistaken identity or false accusation
  • insufficient evidence that the recipient was under 21
  • insufficient evidence that the defendant caused the alcohol to be furnished
  • lack of proof required for any more serious injury-based allegation
  • factual disputes involving licensed premises, employees, or other responsible parties

Because these cases often depend on witness accounts, surveillance, receipts, statements, and the surrounding circumstances, a close review of the evidence is critical. The statute also expressly contemplates enforcement through underage decoy operations in some cases.

Speak with a Criminal Defense Attorney

If you have been charged with furnishing or selling alcohol to a minor, it is important to take the accusation seriously and seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Riverside County, San Bernardino County, and San Diego County. Call (951) 395-0511 today for a free, no-risk, no-obligation case evaluation.