In What Situation Is It Legal for a Minor to Possess Alcohol

Even if you are technically a minor, you may be acquitted of criminal liability if the police discovered your alcohol in violation of California`s search and seizure laws. Implied possession means control or dominion of property without actual possession of custody. It is more difficult for the prosecution to prove this type of possession. The prosecutor would have to prove that the minor was aware of the alcohol, that he was capable of taking possession of the alcohol, and that he also intended to take possession of the alcohol. Situations where this can happen include driving in a car with alcohol or attending a party where alcohol is present. The state attorney may try to prove possession in this way, even if the minor did not drink alcohol or did not actually possess alcohol. Your defence lawyer would probably say that this is ridiculous. But that should be decided by a jury. Underage possession of alcohol is a crime in California, as it is in most states. The law prohibits minors under the age of 21 from possessing an alcoholic beverage in a public place.

The offence is punishable by community service and a fine. Notes: In Texas, a person may purchase an alcoholic beverage for a minor or give an alcoholic beverage to a minor if he or she is the adult`s parent, guardian or spouse of the minor or an adult in whose custody the minor was committed by a court, and he or she is visibly present when the minor possesses or consumes the alcoholic beverage. If you want to make money selling or serving alcohol, you must be TABC certified. Fortunately, TABC On The Fly makes this process easy and affordable. For just $10.99, you can quickly get certified online and be ready to work. Register online today for our TABC certification course and make sure you sell or serve alcohol legally and responsibly. In addition, vehicle code 13202.5 VC provides that a conviction for violating California`s Possession of Minors Act will result in a one-year suspension of the minor`s driver`s license or a one-year delay in their ability to obtain a driver`s license if they are not old enough to obtain a driver`s license. This Act also provides that an additional one-year suspension is in addition to any new conviction of a minor for alcohol or drugs.5 (4) if the drink is lawfully provided to the minor in accordance with section 106.16.

Although Texas law states that this is allowed, it does not mean that your company or organization must allow it. In other words, your company or organization may have stricter rules than state law. Your employer`s policies may prevent people under the age of 21 from consuming alcohol. Review your policy and talk to management to determine what you need to do in this situation. They are immune from prosecution under California`s Possession of Minors Act. However, if the alleged offence also included reports of impaired driving, this defence does not apply.15 If you did not possess the alcoholic beverage – but possessed it from someone else – you are not guilty of this offence. The Business and Professions Code 25662 states that “(a) Subject to the provisions of articles 25667 or 25668, any person under 21 years of age who possesses an alcoholic beverage on a road or highway or in a public or public place or in a place open to the public is guilty of an offence liable to a fine of two hundred and fifty dollars ($250) or such person must perform at least 24 hours. or more than 32 hours of community service during the Hours during which the person is not employed or attending school. A second or subsequent offence shall be punished as an offence and the person shall be punished by a fine of not more than five hundred dollars ($500) or shall perform at least 36 hours or more than 48 hours of community service during hours when the person is not employed or attending school, or a combination of fine and community service, as the court finds fair.

“Business and Professions Code 25658.2 California law against parents who allow children to consume alcohol at home If you are under the age of 21 and provide alcohol under vehicle code 23224 VC (one of California`s open container laws) prohibits minors under the age of 21 from driving or driving in a car with an alcoholic beverage in the car. Unless, say, you and a friend share a beer. It doesn`t matter if one of you actually holds the beer in your hand. or if it is on the sidewalk. You both own the beer “together”. In addition, the owner of the residence may also be sued under Business and Professions Code 25658.2 of California law against parents who allow children to consume alcohol in their homes (see section 4.2). In addition to a maximum fine of $500, a court orders between 8 and 12 hours of alcohol-related community service and suspends the driver`s licence for 30 days.3 If it is a second offence, the community service lasts between 20 and 40 hours, and the licence suspension increases to 90 days. However, in the case of a third such offence, the fine may be increased to $2,000 and imprisonment for up to 180 days may be imposed. Notes: In Texas, a minor may possess an alcoholic beverage if they are in the visible presence of their parent, guardian, or adult spouse. Tex. Alco.

Bev. Code ann. § 106.05. Examples: If you hold a can of beer in your hand, you clearly own the alcohol. Actual possession means physical occupation or control of property. It would be the actual possession of alcohol to the person, such as a minor holding a can of beer in his hand, a bottle of wine in a purse or a bottle on his belt. If you not only own alcohol, but also consume alcohol and drive, you will be prosecuted under California`s drunk driving laws, which apply to minors under the age of 21. These include We also have law firms in Denver. Learn about juvenile crime in Colorado (18-13-122 S.C.R.). It is therefore important to know what paragraph (b) says: So what does this legal hocus-pocus mean? Let`s say you work in a bar or restaurant at AT&T Stadium.

And let`s say all restaurants and bars at AT&T Stadium have liquor licenses or licenses held by the same owner. This law allows your customers to leave your restaurant or bar with an open container of alcohol that they have legally purchased from you as long as they are in the stadium. You are not allowed to leave the stadium with alcohol for any reason. The relevant question in most MIP cases is whether or not the minor “possessed” the alcoholic beverage. Possession has some meaning in law and can be interpreted as real or factual possession. If you not only possess alcohol, but you have also consumed alcohol and you meet these criteria, the prosecutor`s office could charge you with both offences. Violations of this law allow prosecutors to charge the adult with this offense while prosecuting the minor for possession of adult-supplied alcohol. You must possess alcohol personally or collectively to violate this law. Simply being present while other minors possess alcohol is not enough for California`s Possession of Minors Act to be very specific, where it is illegal for a minor to possess alcohol. This law explicitly states that it is illegal if a minor possesses alcohol, so it is extremely important to recognize common signs of poisoning and immediately cut people or refuse to sell. Many selling servers believe they have discretion in this situation, and they are absolutely wrong.

If you have reason to believe that your client is intoxicated or intoxicated by another drink, you have a legal obligation to cut them and prevent poisoning. Don`t let the customer convince you to give them “only half a glass of wine.” It is illegal. Criminal Code 303a PC, California`s anti-loitering law to solicit the purchase of alcohol, makes it an offence to loiter outside an establishment that serves alcohol to be consumed on the premises to convince other customers to buy alcohol from you.28 Note, however, that the fact that you possess alcohol for this limited purpose is known as a positive defense. This means that it is up to you (through your lawyer) to prove that you have fallen within this permitted exception.14 It is also illegal to sell or serve alcohol to someone you know is intoxicated.