California Business & Professions Code Section 25658(b) regulates businesses regarding the purchase or consumption of alcohol by a person under 21. Disciplinary action for those allowing an unlicensed sale can vary.
Suppose your business has been accused of selling alcohol to minors. In that case, the Simmrin Law Group has top-rated Los Angeles DUI lawyers with experience in cases where the influence of alcohol is apparent.
In a risk-free consultation, learn your legal options. Your attorney will explain in more detail the penalties for the sale licensee and minors who bought or consumed alcohol. A strong criminal defense law firm knows what legal defenses can be effectively applied to your case.
Explaining California’s Business and Professions Code 25658(b): The Purchase and Consumption of Alcohol
Individuals under the age of 21 can be charged with a misdemeanor offense under BPC 25658(b) if they:
- Purchase an alcoholic beverage.
- Consume an alcoholic beverage.
To secure a conviction for selling or furnishing alcohol to individuals under the age of 21, the prosecution must establish the following elements:
- The alcohol sales establishments knowingly sold, furnished, gave away, or caused the sale, furnishing, or giving away of alcohol to people.
- At the time of the transaction, the recipient of the alcoholic beverage was an underage individual less than 21 years old.
Disciplinary Policies That Protect the Defendant
A defendant can be found not guilty of this offense under specific circumstances. An experienced criminal defense lawyer will review your case and determine if you qualify for any special circumstances.
Disciplinary policies that protect the defendant under California’s Business and Professions Code 25658(b) accusations include:
- Identification request: The defendant, their employee, or agent accused of selling alcohol to minors insisted on inspecting a government-issued document as proof of the person’s age and identity.
- False Identification: The person in question presented the defendant with a government-issued document or a document that appeared to be government-issued as evidence of their age and identity.
- Verification: The defendant genuinely relied upon the presented document as confirmation of the person’s age and identity.
It Is a Crime to Furnish Alcohol to a Minor in California
The California Business and Professions Code 25658 governs the sale and distribution of alcoholic beverages in the state. It makes the following actions illegal:
- Providing alcohol to someone under 21: This includes selling, giving, or otherwise supplying alcohol to minors or causing it to be sold or given to them.
- Minors engaging with alcohol: It’s a violation for anyone under 21 to purchase or drink alcohol at a place where it is sold (such as bars, restaurants, or liquor stores).
- Business entities allowing underage drinking: If you are an on-sale licensee (someone licensed to sell alcohol for on-site consumption), it’s illegal to allow a person under 21 to consume alcohol on your premises.
Protections for an Intoxicated Person Under California’s Business and Professions Code 25658(b)
The purchase or consumption of alcohol by a person under 21 is protected in California Business and Professions Code Section 25658(b) under certain circumstances.
Individuals under 21 may not be prosecuted under BPC 25658(b) if they are the first person to call 911 to get:
- Help for themselves after consuming alcoholic beverages.
- Help for someone else who consumed an alcoholic beverage.
To avoid disciplinary action, the individual must remain at the scene until medical professionals arrive to be exempted from BPC 25658(b) charges. They must also cooperate with both law enforcement agencies and emergency medical technicians.
Penalties for Sale Premises or Private Property Owners Caught in Violation
The penalties for the sale of premises or private property owners caught in violation of California’s Business and Professions Code 25658(b), which pertains to the sale or provision of alcoholic beverages to individuals under 21, can vary depending on the specific circumstances and the discretion of the court.
Criminal defense lawyers can help licensed alcohol vendors protect their business.
Criminal Charges
Violation of Business and Professions Code 25658(b) can result in criminal charges being filed against the sale premises or private property owner for providing alcohol to minors.
Misdemeanor Offense
Selling or furnishing alcohol to someone under 21 is typically considered a misdemeanor offense in California. You should contact a Los Angeles criminal defense attorney immediately to protect your future.
Fines
Convicted sale premises or private property owners may be subject to fines for beer and wine sales. The specific amount of the fines can vary but can range from several hundred to several thousand dollars. Call a criminal defense law firm today to learn how much you have to pay in fines.
License Suspension or Revocation
The sale premises or private property owner may face administrative penalties, such as the suspension or revocation of their liquor license. This can have significant consequences for businesses that rely on the sale of alcohol.
Legal Consequences
In addition to fines and license penalties, a conviction under BPC 25658(b) can result in other legal consequences, such as probation, community service, or mandated alcohol education programs.
The penalties can be influenced by factors such as prior criminal offenses, the severity of the violation, and other relevant circumstances. If you are facing criminal charges related to BPC 25658(b), consult a qualified criminal defense attorney who can provide specific legal advice based on your situation.
Penalties for Underage Drinkers Violating BPC 25658(b)
In California, individuals who are found guilty of purchasing or consuming alcohol before reaching the age of 21 can face misdemeanor charges under BPC 25658(b).
The state of California places great emphasis on maintaining an alcohol and drug-free environment for individuals under the legal drinking age. Violating BPC 25658(b) can lead to various penalties aimed at ensuring a safe environment for young individuals.
For a first-time conviction under BPC 25658(b), the following penalties may apply:
- Fines: The convicted individual may be required to pay fines of up to $250. These fines are intended to discourage underage alcohol consumption and promote responsible behavior.
- Community service: Additionally, first-time offenders can be ordered to perform community service for a maximum of 32 hours. The community service must be completed at designated facilities such as an Alcohol and Drug Treatment Facility or a Coroner’s Office.
Subsequent offenses carry more severe penalties.
In the case of a second or subsequent BPC 25658(b) offense, the following penalties can be imposed:
- Increased fines: The fines for subsequent offenses can be raised to a maximum of $500. This increase aims to deter subsequent violations and promote compliance with the law.
- Extended community service: In addition to increased fines, individuals convicted of subsequent offenses may be required to perform up to 48 hours of community service. This extended service duration further emphasizes the importance of responsible behavior and community engagement.
Be aware that a BPC 25658(b) conviction can lead to a one-year suspension of the offender’s driver’s license. This additional penalty underscores the serious nature of underage alcohol consumption and serves as a deterrent to prevent future violations.
Law enforcement officials are committed to maintaining a safe environment for everyone, and unruly conduct or additional charges related to alcohol possession or alcohol at events can result in further legal consequences.
Young individuals need to adhere to alcohol policy and the laws and regulations surrounding alcohol consumption, promoting responsible decision-making and fostering a culture of safety and well-being.
The following table illustrates the penalties for the different types of crimes under BPC 25658(b):
| California BP § 25658 Crime | Penalties |
| Selling or giving alcohol to a person under the legal drinking age | If the minor’s alcohol consumption leads to serious injury or death:
|
In all other cases:
| |
| Alcohol provider allowing an underage person to consume alcohol on-site |
|
| A minor purchasing or drinking alcohol at the location | For a first violation:
|
For a subsequent offense:
|
Winning Legal Defenses for BPC 25658(b) Accusations for a Minor
You can get professional help handling BPC 25658(b) charges in California by consulting a Los Angeles criminal defense lawyer today. Your legal team can go over the facts surrounding your underage drinking case to build your defense.
You Were Mistaken for Someone Else
Sometimes, BPC 25658(b) charges are a result of mistaken identity. If you did not actually purchase or consume alcohol, you could avoid a BPC 25658(b) conviction. Let your criminal defense attorney know right away if you were falsely charged with purchasing or consuming an alcoholic beverage.
You Called 911 for Emergency Help
As we mentioned earlier, BPC 25658(b) charges may not apply if you reach out for emergency medical services after drinking alcohol. You must be the first person to contact medical technicians to have your criminal charges set aside.
Entrapment by Law Enforcement
A possible defense for a minor accused under BPC 25658(b) is entrapment by law enforcement, especially in cases involving undercover operations. Sometimes, police officers or agents pose as customers to catch underage drinking.
If an officer encouraged or pressured the minor to drink alcohol when they otherwise would not have done so, it may be considered entrapment. The law does not allow law enforcement to create a crime just to make an arrest. A criminal defense lawyer can investigate law enforcement-initiated minor decoy programs.
Winning Legal Defenses for BPC 25658(b) Accusations for an Establishment
Facing accusations under California Business and Professions Code 25658(b) can have serious consequences for any establishment with an alcohol license. However, not all accusations of giving a minor alcohol lead to a conviction.
Lack of Actual Knowledge the Individual Was Under 21
If the licensed premises facing the accusations can prove that they took reasonable steps to verify the person’s age (such as checking a valid ID) and had no reason to believe the person was underage, this defense can be effective.
The law requires establishments to ensure that minors do not consume alcohol on the premises, but if the business acts in good faith and follows proper procedures, it may help avoid liability. Having a strict ID-checking policy can strengthen this defense.
Reasonable Reliance on a Fake ID
If the business checks the person’s ID and it appears valid, but the ID is actually fake, the establishment may argue that it reasonably relied on the document to allow alcohol consumption.
In these cases, the business must show that they followed all standard procedures for verifying age, such as examining the ID closely and using any tools or technology available to detect fake IDs.
Insufficient Evidence
To prove a violation, the prosecution must show that a minor actually consumed alcohol on the premises and that the business allowed it to happen. If there is no clear proof (such as witness statements, video footage, or physical evidence), then the case may not be strong enough to proceed.
Without solid evidence, the charges of facilitating access to alcohol for a minor may be dropped or dismissed. Establishments can use this defense to argue that there is not enough information to support the claim of underage drinking on-site.
Charges Similar to Purchasing or Consuming Alcohol While Under 21
The state of California uses many different laws to control the sale and usage of alcohol. If you face charges for being a minor in possession of alcohol or related charges, criminal defense lawyers can help.
Individuals could be charged under:
- California Business and Professions Code Section 25603: Bringing Intoxicants into a Penal Institution.
- California Business and Professions Code Section 25608: Alcoholic Beverages at a Public Educational Facility.
- California Business and Professions Code Section 25631: Selling Alcohol Between 2:00 A.M. and 6:00 A.M..
- California Business and Professions Code Section 25657(a): Soliciting Sale of Alcohol.
- California Business and Professions Code Section 25658.2: Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision.
- California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21.
- Business and Professions Code 25662 BPC: Minor in possession of alcohol (MIP).
These charges are designed to limit drunk driving in the state. Individuals who are charged with driving under the influence (DUI) can face much harsher penalties, including lengthy periods of incarceration.
Speak to a Criminal Defense Lawyer About BPC 25658(b) Charges in California
California Business & Professions Code Section 25658(b): Purchase or Consumption of Alcoholic Beverage by a Person Under 21 charges can lead to fines and other penalties.
Contact the Simmrin Law Group today to make sure you’re ready to take on these charges. Our team has decades of legal experience advocating for people like you. Take charge of your future by contacting our criminal defense attorneys in Los Angeles today for a free case evaluation.