Minor in Possession of Alcohol Defense Attorney

A charge for minor in possession of alcohol may seem minor at first, but it can still carry real consequences for a young person’s future. These cases often arise at parties, parks, beaches, school events, or other public places, and they may sometimes be filed alongside related allegations involving fake identification, underage drinking, or other alcohol-related conduct. (leginfo.legislature.ca.gov)

At the Law Office of H. Charles Gorian, we understand that underage alcohol cases are often more fact-sensitive than they first appear. In some situations, the real issue is whether the minor actually possessed the alcohol. In others, the question is whether the location was truly a public place or whether a legal exception may apply. Our office provides strategic, one-on-one defense representation tailored to the facts of the case. (justia.com)

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

What Is Minor in Possession of Alcohol Under California Law?

California Business and Professions Code section 25662(a) prohibits a person under 21 years of age from possessing an alcoholic beverage on a street, highway, public place, or place open to the public, subject to limited statutory exceptions. California’s criminal jury instructions likewise reflect that, to prove the offense, the prosecution must show that the defendant possessed an alcoholic beverage in one of those locations and was under 21 at the time. (leginfo.legislature.ca.gov)

The law also recognizes a limited exception where the minor was acting under the timely and reasonable instructions of a parent, legal guardian, responsible adult relative, employer, or another properly designated adult to deliver or dispose of the alcohol. (justia.com)

Penalties for Minor in Possession

For a first violation, the statute provides for:

  • a $250 fine, or
  • 24 to 32 hours of community service during hours when the person is not employed or attending school. (leginfo.legislature.ca.gov)

For a later violation, the penalties may increase to:

Even though this offense is often treated as a lower-level alcohol-related charge, it should still be taken seriously.

Driver’s License Consequences

Depending on the specific charge and circumstances, an underage alcohol case may also affect driving privileges. California Vehicle Code section 13202.5 requires suspension or delay of driving privileges for certain listed alcohol- or controlled-substance-related convictions committed by a person who is at least 13 and under 21, with possible limited relief in some circumstances. (leginfo.legislature.ca.gov)

Common Defenses to Minor in Possession Charges

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

  • the minor did not actually possess the alcohol
  • the location was not a street, highway, public place, or place open to the public
  • the minor was acting under a lawful exception recognized by the statute
  • the accusation is based on mistaken facts or mistaken identity
  • the prosecution cannot prove the person was under 21 at the time of the incident. (justia.com)
beer bottles and plastic cups on wooden table

Because these cases often depend on where the alcohol was found, who had control over it, and what the surrounding circumstances were, a careful review of the facts is important.

Speak with a Criminal Defense Attorney

If you or your child is facing charges involving minor in possession of alcohol, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and may help limit the consequences of the 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 or fill out our form for a free and confidential consultation.