Possession of Alcohol in a Vehicle by a Person Under 21
This is a crime that is prosecuted quite often, and not just the person who has the alcohol who is under the age of 21 will get charged. It's defined under California Vehicle Code 23224. See related possession of alcoholic beverages by someone under 21 described in CALCRIM 2960. Also related is the open container law in California under Vehicle Code 23222(a).
Often, the vehicle driver will also be prosecuted for an open container, so it has a broad sweeping effect. Police will swoop up on people drinking at the party, for example, make everybody get out of the car and search everybody.
Then, when they find alcohol, they will issue a citation to the driver. They'll give a source to the alcohol person and investigate an underage DUI charge.
Probably the most significant implication if you're under 21 and you get a citation for drinking in a vehicle is that you'll probably not get your driver's license if you haven't had one for some time.
If your child has a driver's license, it will likely be suspended, and they will have to wait six months to a year to regain the ability to drive. This significant impact on their freedom and mobility underscores the seriousness of the situation.
Many times in Los Angeles County, for these cases where minors are drinking in a vehicle, the individual will be sent to one of the juvenile courts.
Now, many times, we see the probation department dealing with these cases, especially in Los Angeles.
They will put people through programs, suspend people's licenses, and give them a hard time driving since they know that most of the accidents are caused by minors. This is especially true for minors drinking alcohol when they're not 21 yet.
If your son or daughter is charged with possessing an open container or alcohol in a vehicle under the age of 21, it's crucial to secure legal representation. Having an attorney can make a significant difference in these cases, empowering you to navigate the legal process effectively.
Penalties for Possession of Alcohol In-Vehicle Under 21 Years Old
Having represented many minors, I've been able to achieve positive resolutions under the right circumstances, ensuring they don't lose their license. This success should give you hope that a favorable outcome is possible.
If you have a minor under the age of 21 who is driving a vehicle and drinking, that little is likely to lose their driver's license for a year with no restriction.
But sometimes, depending on how high the blood alcohol level is, we can avoid a criminal charge against that particular minor, which is significant because nobody wants to get a mark on their record, especially one involving alcohol.
Defenses for Under 21 Alcohol in Vehicle Charges
So, if your child has been caught with alcohol in a vehicle and they're under the age of 21, maybe there's another issue: the police either illegally stopped or searched the car without anybody's consent or probable cause.
But if the police drive by and they see minors drinking alcohol in a vehicle or it looks to them that children are drinking alcohol. If the minors are hiding the alcohol from the police, that will likely give the police probable cause to order everybody out of the car for officer safety.
Then, they will search the car, explore all of the individuals, and whatever they find, they're likely to arrest the person and call their parents, especially if they're underage. Often, if they're adults, they'll be sent to adult criminal court.
If they're juveniles, they'll be given a citation. That person will either end up in juvenile court or deal with the probation department deciding whether or not to send them into criminal court with a petition.