Underage Alcohol Related Laws & MIPs
Any alcohol related criminal charge is a serious concern, but for someone under 21 years of age, it is even harsher. We successfully handle alcohol related cases including MIP (Minor in Possession) and mitigate sentencing so you that any consequences is reasonable.
The legal age for possessing alcohol in California, is 21. This means holding, carrying, even driving with alcohol in your car and being under 21, is a crime. (B&PC §§ 23004, 25658, 25659). Those under 21 are not permitted to possess alcohol in public places. If you did not have possssion or control of the alcohol – that is a legal issue! (B&P § 25662(a)). In Chico, you cannot be in a public place and have an ” open container” even if over 21. (Chico city 9.30.3)
Penal Code 647(f) California’s drunk in public law prohibits being intoxicated in public to the point where you
- cannot exercise care for yourself, or you present a safety risk to others, and/or
- interfere with, obstruct or prevent others from using streets, sidewalks or other “public ways.”
Minor In Possession. (B&P § 25662 or VC13202.5) A minor in possession (MIP) can be a misdemeanor offense. Even as an infraction, is is a conviction on your criminal record. You can hire an attorney to appear in court on your behalf so you don’t miss school or work. We will conduct a court trial as part of our regular services in an MIP. We are successful in defending clients against underage drinking charges in trial and helping your future. Often a negotiated plea will result in a conviction for a minor infraction rather than a misdemeanor charge. A Minor in Possession ticket in Chico can result in discipline from the school or sports teams, and can effect future employment.
California’s Open Container Law prohibits driving or being a passenger in a car with an alcoholic beverage in the car that has been opened. If you are a driver or passenger under 21 and are caught violating this law, you face a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If under 21 years of age, this charge is NOT reducible to an infraction.
- Anyone, adult or minor, who possesses an open container of alcohol in a prohibited area can be guilty of an infraction. (B&P § 25620)
- Vehicle Code 23224 VC prohibits minors under 21 from driving or riding in a car with an alcoholic beverage in the car unless
- he/she is accompanied by a parent / guardian for the purpose of transporting that alcohol pursuant to the adult’s work, or
- he/she does so under the direction of his/her employer / parent / guardian.
- California Vehicle Code 23136 VC: California’s Zero Tolerance Law (a civil offense)
- California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% – 0.07% (an infraction),
- California Vehicle Code 23152 VC: Driving Under the Influence (a misdemeanor).
Fake ID California – Business and Professions Code BP §25661. Using a fake ID, either one that belongs to someone else or one that is in your name, and used to try to buy alcohol is a misdemeanor offense and results in a one year driver’s license suspension.
Also, with some exceptions, such as employment, young people under age 21 are prohibited from being in bars or other establishments where liquor is served. It is also illegal to possess false identification or use a fake ID to buy (or attempt to buy) alcohol or to enter an establishment where alcohol is being served. (B&PC § 25661). While it is legal for those under 21 to be in a home where adults over 21 are drinking alcohol, it is illegal to provide alcohol to anyone under 21. The person providing the alcohol can be held criminally liable for contributing to the delinquency of a minor. (PC § 272)
How We Can Help
We’ll Cover All your Court Appearances. We will go to court for you so you do not need to miss any school or work. If you life out of town, this will save you hours of driving and reduce the stress of appearing in court.
Avoid a Criminal Record. If you have been issued a citation for minor in possession/underage drinking, talk with an experienced defense attorney first. We will fight the charges and work with the court for a mitigated sentence.
Expungement or Record Clearing. If the court decides against you, after one year we will file to have your record expunged. That means that when someone does a background check the records will show that your case has been dismissed and employers cannot use that against you.
Call us today to help fight your underage alcohol-related charge!!