The purpose of California’s minor in possession (MIP) Laws is to deter underage people from drinking. When a minor consumes alcohol in public, possesses alcohol, purchases alcohol, or is even holding a container of unopened alcohol, they can be charged with a minor in possession crime. Keep reading to learn more, and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a juvenile crime defense attorney.
Laws About Drinking and Possession Alcohol When Underage
It is against the law for a person under the age of 21 to drink or possess alcohol in California. If a person is caught doing this, they will have to pay a fine of $250 and do up to 32 hours of community service for their first offense. If they are found guilty of it again, they could pay a fine of up to $500 and have to complete up to 48 hours of community service.
Additionally, even on the first offense, a person can lose their driver’s license for one year. In some cases, the judge requires that community service is completed at an alcohol or drug treatment program or at the county coroner’s office.
Police Officers Can Seize Alcoholic from Minors
It is lawful for a police officer to enter into premises to seize any alcoholic beverages that are in possession of a minor and are in plain view. However, this only applies if it is a social gathering that is open to the public, more than nine people under 21 are consuming alcohol in public, or it is a social gathering not being supervised by a parent or other legal guardian.
The police can destroy any opened containers and can impound unopened containers for up to seven working days. The alcohol will be impounded until the lawful owner (who is 21 years old or older) requests it. If no request is received, then the beverages are destroyed.
It is Illegal to Provide Alcohol to a Minor
In California, it is against the law to furnish alcoholic beverages to a minor. A person who is involved in this can face fines of up to $1,000 as well as 24 hours of community service. If a retail business that is legally licensed to sell alcohol sells alcohol to a person whom they know (or should have known) was under the age of 21, then the person that sells it could face a fine of up to $1,000 as well as up to six months in jail.
Talk to a Criminal Defense Attorney
If you are facing charges related to providing alcohol to a minor, then you should contact a criminal defense attorney for help. You can call Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.