Minor Purchasing or Drinking Alcohol

Orange County Minor in Possession of Alcohol Attorney

In California, the legal age to purchase and drink alcohol is 21 years of age. If you’re under 21, and you’re caught either purchasing or drinking alcohol, you will be charged with a misdemeanor.

A misdemeanor will show up on your criminal record and you are required to disclose it on any employment application if you are convicted.

Anytime you are charged with a misdemeanor, you will have to go into court and face criminal prosecution with the possibility of up to six months in county jail and a one thousand dollar ($1,000.00) fine. The DMV can also suspend your driver license for up to one year from the date of your conviction.

Elements

The defendant is charged with purchasing, drinking, or consuming an alcoholic beverage when under 21 years old in violation of Business and Professions Code section 25658(b).

To prove that the defendant is guilty of this crime, the People must prove that:

<Alternative 1A—purchased>

1. The defendant purchased an alcoholic beverage;

<Alternative 1B—drank or consumed>

1. The defendant (drank/consumed) an alcoholic beverage at a business that was lawfully licensed to sell alcoholic beverages;

AND

2. At the time, the defendant was under 21 years old.

An alcoholic beverage is a liquid or solid material intended to be consumed that contains one-half of 1 percent or more of alcohol by volume. [An alcoholic beverage includes <insert typ[s] of beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]

[Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]

It is important to consult with an experienced Orange County Minor in Possession of Alcohol Attorney if you’re charged with this crime. At the Law Offices of Nam Q. Doan | OC Legal Defense, I will fight to get your case dismissed, keep your record clean, and keep you out of jail. Call today at (714) 248-DOAN (3626).