4 Ways to Defend Minors Charged With Possession of Alcohol

Peer pressure and the desire to fit in with social circles can drive some minors to experiment with alcohol, seeking acceptance and connection. In certain instances, minors may obtain alcohol unintentionally, perhaps at a gathering where the presence of alcohol is not adequately controlled or supervised. In California, anyone under 21 in possession of alcohol could face severe penalties.

If you or your child is facing charges related to possession of alcohol as a minor, Aron Law Firm can help. We provide skillful legal guidance to minors facing charges for underage drinking, confirming their rights are protected by crafting a strong defense strategy tailored to their unique circumstances.

Were You Arrested for the Possession of Alcohol as a Minor in California?

Under California’s Business and Professions Code Section 25662, it is unlawful for any individual under the age of 21 to have an alcoholic beverage in their possession in any public place, on any street, highway, or in any place open to the public.

The consequences of possession of alcohol charges can have far-reaching impacts on a young person’s life. Violation of this law is considered an infraction, and penalties may include fines and mandatory participation in community service or alcohol education programs. Consult with a qualified legal professional to understand the specific details and potential consequences based on the circumstances of your individual case.

How to Fight Charges for Possession of Alcohol as a Minor in California

An experienced California criminal defense attorney can construct a solid defense strategy to work towards mitigating the potential repercussions of charges for possession of alcohol as a minor. A few approaches that may be used to fight such charges include: 

Challenging the Search and Seizure

One of the primary defenses against charges of alcohol possession involves scrutinizing the legality of the search and seizure that led to the discovery of the alcohol. If law enforcement violated the minor’s Fourth Amendment rights during the search, it may be possible to have the evidence deemed inadmissible in court.

Questioning the Accuracy of Tests

If the prosecution’s case relies on the results of alcohol tests, it is crucial to examine the accuracy of these tests. Breathalyzer tests, for instance, can be influenced by various factors, and challenging their reliability can be a viable defense strategy. An experienced attorney can help evaluate the testing procedures and question their validity. 

Asserting a Lack of Knowledge or Control

Minors charged with alcohol possession may claim a lack of knowledge or control over the presence of alcohol. If they were unaware of the alcohol’s presence or lacked control over the situation, it could be a valid defense.

Exploring Diversion Programs

Some jurisdictions offer diversion programs for first-time offenders, especially minors. These programs may include educational courses, community service, or counseling instead of traditional legal consequences. Exploring these alternatives with the help of an attorney can provide a path for rehabilitation without a formal criminal record. 

Partner With an Accomplished California Criminal Defense Attorney Today

Being charged with possession of alcohol as a minor is undoubtedly scary, but having an accomplished California criminal defense attorney on your side can make all the difference. At Aron Law Firm, we have a proven track record in criminal defense, and we are prepared to be your ally in navigating the legal process for your minor in possession of alcohol case.

Schedule a consultation today to discuss your case and legal options. We are available 24/7 by phone at (805) 618-1768, or you can complete our convenient contact form.

• Category: Criminal Defense