The goal of California’s MIP legislation is to prevent underage drinking. Alcohol consumption in public, possession, purchase, and even holding an unopened container of alcohol are all MIP offenses that can be brought against minors. Additionally, adults who provide alcohol to minors can face charges. Keep reading to learn about these potential charges and then contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
Minors in possession of and/or consuming alcohol
Anyone under the age of 21 is not allowed to consume or own alcohol. The following punishments will apply to any violations of this law:
- A $250 fine
- 24 to 32 hours of community service that do not conflict with going to school or working at your job
If this law is broken a second or subsequent time, the following penalties apply:
- A $500 maximum fine
- 36 to 48 hours of community service that do not conflict with going to school or working at your job
The California Department of Motor Vehicles will also suspend your driver’s license for a year if you are convicted (DMV).
Alcoholic beverages in a minor’s possession may be seized by police
Under the following circumstances, a peace officer who has legitimately entered the property may take any alcoholic beverages in plain view that are in the possession of a minor if ten or more individuals under the age of 21 are drinking in public at a social event that is open to the public, or at a social event that is not under the supervision of a parent or legal guardian.
Any alcoholic beverages found in an open container can be destroyed by a peace officer. Containers that have not been opened will be seized for up to seven working days. Until the legal owner, who is at least 21 years old, requests its release, the alcohol will stay detained. If no request is made, the drinks will be destroyed.
Charges for providing alcoholic drinks to minors
The following punishments apply to anyone who provides alcohol to a minor:
- A $1,000 fine
- 24 hours of community service that do not conflict with going to school or working at your job.
Even if the licensee had no knowledge that the business was under 21, any retail establishment with a liquor license that permits a person under 21 to consume alcohol on the premises will be prosecuted with a misdemeanor. The following are some of the penalties:
- A $1,000 maximum fine
- Six to twelve months in county prison.
If you provide, donate, or sell alcohol to a person under 21, you risk being prosecuted with a misdemeanor if they consume it and inflict significant physical harm or death on themselves, another person, or someone else. The following are some of the penalties:
- A $1,000 maximum fine
- Six to twelve months in county prison.
California’s Business and Professions Code has more details on the laws and rules governing alcoholic beverages. Contact a California criminal defense attorney for legal counsel if you need assistance defending a misdemeanor charge or a MIP violation. You contact Simmons Wagner, LLP at (949) 439-5857 to get started.