Underage Alcohol Related Laws, and MIP’s
Driving under the influence of alcohol (DUI) is a serious charge that often requires the payment of a large fine, a mandatory jail sentence, 3 years probation, and the suspension or revocation of a driver’s license. We successfully handle alcohol related cases including MIP (Minor in Possession) and mitigate sentencing so you can drive and succeed in life.
Underage California DUI Laws
Underage California DUI laws are, for the most part, different from the laws that regulate drivers who are over 21. These include:
California Vehicle Code 23136 VC California’s zero tolerance law. (Any measurable amount of alcohol for person under 21 yrs.).
California Vehicle Code 23140 VC under 21 DUI with a BAC of 0.05% – 0.07%, which is an infraction.
Drivers under 21 and arrested for DUI may also be prosecuted under California Vehicle Code 23152 VC, described above. Also, the DMV typically will suspend one’s drivers license for 1 year if the person is under 21 and is caught driving with any measurable amount of alcohol in his/her system.
Underage California DUI laws are different from the laws that regulate drivers who are over 21. Butte County and Glenn County can be especially conservative on their punishments for alcohol related charges. Currently these counties DO NOT offer an MIP diversion program.
If your license gets suspended and are under 21 years of age, you can apply for a “Critical Need” license. Here is the information. If we are your attorney, we will complete this paperwork for you based on the information you give us.
Drivers License Suspension
If you received a citation, and were ordered to pay fines and did not, that failure to pay can result in a license suspension. The list of convictions that will cause a license suspension, and you’d never think would, include: vandalism, graffiti, minor in possession, minor transporting alcohol, drunk in public, prostitution. Other laws include a minor who commits a crime with a firearm, drugs involving a car , and a person who is under 21 who is drunk in public. Very difficult !
The legal age for drinking alcohol in California, is 21. This means that providing alcoholic beverages to anyone under that age is prohibited. (CA Business and Professions code § 23004, 25658, 25659). Those under 21 are not even permitted to possess alcohol in public places. This can be a misdemeanor charge with a mandatory 1 year driver’s license suspension. If you did not have possession or control of the alcohol – that is a legal issue! (B&P § 25662(a)). A Minor in Possession ticket in Chico can result in discipline from the college or sports teams, a one year license suspension, and fines.
Minor In Possession. A minor in possession (MIP) can be a misdemeanor offense. Even as an infraction, this requires a 1 year license suspension and 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 a MIP case. We are successful in defending clients against underage drinking charges in trial, and helping you retain driving privileges. Often a negotiated plea will result in a conviction for a minor infraction rather than a misdemeanor charge.
We’ll File a Petition with the Court for a Restricted License. We can complete the paperwork for a restricted driver’s license, requesting the license suspension be set as only on a “restricted” license which would allow you to drive to school, work, internship, and medical appointments if needed.
Keep Your License ∙ Avoid a Criminal Record. If you have been issued a citation for minor in possession/underage drinking, talk with an experienced defense attorney first.
MIP Expungement or Record Clearing. If the court decides against you, after one year we can 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.
Anyone, adult or minor, who possesses an open container of alcohol in a prohibited area can be guilty of an infraction. (B&P § 25620)
It is illegal to possess 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). Lets us fight for your rights!