Minor in Possession of Alcohol: Understanding Your Rights

Let’s talk again about minors in possession of alcohol. We have discussed in previous articles that there are real dangers in minors being around alcohol and cops at the same time. During these cheery holiday times many of you minors (or people who will be around minors during the holidays) may try your hand (lips) at possessing alcoholic beverages for the first, second, hundreth time. So be aware!

In California Business and Professions Code (that’s right, NOT the Penal Code) section 25662 make it a misdemeanor for someone under the age of 21 years to possess

“any alcoholic beverage on any street or highway or in any public place or any place open to the public”

So that pretty much includes everywhere outside of your own home or someone else’s home.
And “street or highway” means any roadway. You could perhaps be on a dirt road in the country or on a trail at the beach and that is considered a street or highway for the purposes of this law.

Also, “public place or in anyplace open to the public” means, for example, that you could be at a concert where admission is charged or at a party that the public can enter into and the law says you cannot legally possess alcohol if you are a minor.

There are some exceptions to these laws such as if there is an emergency which causes you to have the alcohol in your possession (hey, it could happen!) or of you have been ordered by a parent to go grab them a beer or something like that.

We explore all possible defenses when someone comes to us with a minor in possession arrest.

California Business and Professions Code section 25661 makes it a misdemeanor for someone to possess a fake ID for the purposes of purchasing or attempting to purchase alcoholic beverages. (Santa doesn’t care how old you are to sit on his lap. But there are some cops who still ask for ID to do it with them.) You should be aware that you do not have to actually make a purchase to be arrested and prosecuted for this.

For example, several of the people who come to us every year after a Coachella Festival arrest have been seized while in line to get the appropriate wristband to buy alcohol. The cops there are ruthless and don’t mind asking anyone and everyone if they are in possession of a fake ID.

Unfortunately, many people who are new to criminal activity or just new to being out in the world will actually admit to the cops that they have a fake identification. Don’t do that. Don’t make it easy for the cops to arrest you.

We have handled hundreds of these case in various courts and over several years. We have an almost 100% rate of eventual dismissal of the charges because we know all of the possible defenses and all the possible options one may have to avoid a conviction that will permanently go on their record.

If you get arrested or even just have a question about alcohol and a minor, please call us at 760-345-4777 or text us (760-898-0207) for a free consultation. we will give you the defense you want and the best one available in the Coachella Valley.