Driving with alcohol in your car can be a criminal offense if you’re under 21.
If you’re under the age of 21, you likely know that you are not allowed to legally consume alcohol, and that driving while under the influence of alcohol or drugs is a serious crime. However, what you may not realize is that if you’re under 21, California law prohibits you from even having alcohol in your car — even if you’re sober and the containers are sealed — unless you are transporting it for a specific reason.
California takes underage drinking and the combination of alcohol and driving seriously — so much so that having alcohol in your car without a valid legal reason can result in jail time and a license suspension. Continue reading to learn more about this charge — and how you can defend yourself against it.
What Is A Minor Transporting Alcohol Charge?
The California Vehicle Code makes it a crime for anyone under the age of 21 to drive any motor vehicle containing an alcoholic beverage or to posses an alcoholic beverage while riding in a vehicle. Unlike California’s open container laws, it does not matter if the container of alcohol is open or sealed; if you have alcohol in your car or in your possession, you could be charged with this crime.
To prove this charge, the prosecution must show that you either knowingly drove a vehicle with alcohol inside of it or rode in a vehicle as a passenger while you possessed alcohol. The key to this law is that your possession of alcohol has to be knowing. If you did not know that your car had alcohol in it when you drove it (if, for example, you were driving your parents’ car, and you were unaware that there was wine in the trunk), that could be a defense to a minor transporting alcohol charge.
The penalties for this charge are fairly serious. It is a misdemeanor offense, and can lead to a sentence of up to 6 months in county jail and a fine of up to $1000. It could also result in your vehicle being impounded for up to 30 days, and your driver’s license being suspended for a maximum of one year. These punishments are particularly harsh given that the prosecution doesn’t have to prove that you ever consumed the alcohol — just that you transported it in a vehicle or possessed it while in a vehicle. The significant consequences for this offense make it all the more important than you contact an experienced DUI lawyer in Tustin, CA as soon as possible after you are arrested.
Exceptions to the Law
While this law seems strict, there are some exceptions that may be used to defend against a charge of Minor Transporting Alcohol. In some situations, it is not against the law for a minor to transport or posses alcohol in a vehicle.
If you can prove any of the following things, you will likely be able to have the charge of Minor Transporting Alcohol dropped:
- You are accompanied by a parent, responsible adult relative or another adult designated by your parent or legal guardian for the purpose of transporting an alcoholic beverage;
- You are following the instructions of a parent, legal guardian or responsible adult relative or other adult relating to the disposal of the alcohol; or
- You are employed by someone with a license to sell alcoholic beverages and are driving the vehicle in the course or your employment.
These situations can come up in a number of ways, such as if your parent asks you to drive your grandma to the store to buy a bottle of wine, or if your boss has you transport a case of beer from the restaurant where you work to an off-site party location. Talk to a skilled DUI lawyer in Tustin, CA today to learn more about the possibility of defending yourself against these charges because you fall into one of these exceptions.
If you have been charged with transporting alcohol or possessing alcohol in a vehicle as a minor, know that you do have options — and that there is help. Call the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We offer free consultations and will work hard to protect your legal rights.
