Minor Purchasing or Drinking Alcohol – Elements – California Business and Professions Code 25638(b)

Orange County Minor in Possession of Alcohol Lawyer

 

If you’re facing a charge of purchasing or drinking alcohol as a person under 21 years of age, the following is what the prosecution must prove and the specific jury instructions that the jury will read in determining a verdict.  It is important to consult an experienced Orange County Alcohol Defense Attorney.  Call the Law Offices of Nam Q. Doan | OC Legal Defense at (714) 248-DOAN (3626) and visit www.OCLegalDefense.com for more information.

 

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 type[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.]