Possession of alcohol, purchase of alcohol and selling or supplying alcohol to minors, among other varieties of activities are punishable under the underage drinking laws in California. Significant consequences may be imposed with MIP laws and penalties. Under the circumstances the punishments for minors in possession vary. A bail bonds company, such as Ajua Bail Bonds may assist in posting the necessary bail amount to secure a person’s release in the event a law violation results in incarceration. Today, we would like to continue to elaborate on underage drinking and minor-in-possession laws.
California Alcohol Laws
Below are a few California alcohol laws that if they are charged with should first trust in Ajua Bail Bonds to get their bail posted quickly and to seek out an experienced attorney for defense options.
Business and Professions Code 25662: The possession of alcohol by a person under the age of 21 is prohibited under the Business and Professions Code 25662. The person must have possessed the alcohol while at a public place in order to be convicted under this code section. To punish unlawful alcohol possession and deter continuing abuse is the intention of the MIP laws and penalties. Depending on whether there are any prior offenses impacts the punishments for Minors in Possession, as it varies. It can include a monetary fine and community service requirements; a driver’s license suspension; and other such consequences as California frequently enforces Underage Drinking Laws.
Penal Code 303a: A person may be charged for soliciting the purchase of alcohol under California Penal Code 303a. Charges can be the result, for example, if a person asks another to buy them alcohol. Generally, this offense is in place intended to deter selling or supplying alcohol to minors. Convictions can result in up to 6 months of jail; a is a mandatory minimum of 30 days of incarceration; as well as fines and probation imposed; and as a misdemeanor, a person may be placed under arrest if caught.
Public Drunkenness under California Law: California’s drunk in public law is Penal Code 647(f) . To a degree that either causes a safety issue or interferes with the use of a sidewalk or roadway, this law prohibits persons from being under the influence of alcohol or drugs in a public place. Convictions can potentially get 6 months of incarceration and a $1000 fine. There may be mandatory jail time and court-mandated treatment should a person has prior convictions for this crime. If the person’s intoxication is such that it creates a hazard, this offense may only be charged.
Defenses to Alcohol Related Charges
There may be defenses to rebut an alcohol-related charge, depending on the situation. For instance, quite a few alcohol-related offenses require proof the defendant was actually intoxicated. A field sobriety test, breath test or other evidence of intoxication may be required by law enforcement to show evidence of intoxication. There may also be defenses available if a person’s constitutional rights are violated during an investigation, arrest or during the course of the case. Also, suppression of evidence, reduction of charges or even complete dismissal of the case can also be the result of a proven constitutional violation.