If you or someone you know is facing criminal charges for having an underage person driving in a car while in possession of alcohol, seeking legal guidance is crucial. We will attentively listen to your situation, provide empathetic guidance, and help you understand your legal options.
What to Do If Pulled Over With Alcohol and a Child in the Car
If you are unsure if it is legal to have an alcoholic beverage in the car with a child present, our Los Angeles lawyers recommend responding appropriately to ensure the safety of everyone involved and protect your legal rights:
- Remain Calm and Cooperative: When pulled over, stay calm and pull over to a safe location as soon as it is safe to do so. Keep your hands visible on the steering wheel and cooperate with the officer’s instructions. Remaining calm and respectful can help establish a positive interaction with law enforcement.
- Comply with Law Enforcement: Follow any instructions given by the officer, such as providing your driver’s license, registration, and proof of insurance. Be prepared to answer questions about your travel and the contents of your vehicle. It’s important to cooperate while also being mindful of your rights.
- Be Honest and Transparent: If asked about the presence of alcohol in the vehicle, answer truthfully and provide any necessary information about the child in the car. It’s crucial to be honest and transparent during these interactions. Lying to law enforcement can have serious legal consequences.
- Avoid Self-Incrimination: While it’s important to be honest, it’s equally important to avoid self-incrimination. You have the right to remain silent if any questions may potentially implicate you in a crime. Consult with a Los Angeles criminal defense attorney before providing any statements to law enforcement.
- Seek Legal Representation: If you are facing criminal charges related to alcohol possession, you may potentially want to seek the assistance of a skilled Los Angeles DUI lawyer. A knowledgeable attorney skilled in alcohol-related offenses can provide you with beneficial legal advice to guide you through the legal process successfully.
For a free legal consultation, call (310) 896-2723
Is it Illegal to Have Alcohol in a Vehicle with a Minor Present in California?
Yes, Vehicle Code § 23224 CVC prohibits those under the age of 21 from possessing an alcoholic beverage while riding in a vehicle. Drivers who are charged under Vehicle Code §23224 for possession of alcohol in a vehicle while younger than 21 face misdemeanor offenses in California.
What Are California’s Laws on Minors Transporting Alcohol?
Although it is illegal to have alcohol in your car if you’re under 21 in California, VC 23224 charges do not apply to all drivers under the age of 21. There are exceptions, and some drivers are allowed to carry unopened and sealed alcoholic beverages.
For example, drivers under 21 can transport alcohol in their vehicle if they are traveling with:
- Their parent or legal guardian
- A responsible adult relative
- A designated adult
Drivers can also transport alcohol if they are following the instructions of their parents, certain relatives, or special adult designees. Finally, drivers under 21 can carry alcohol for the purposes of their job if they are working for someone who has a license to sell alcohol.
However, these drivers can only transport alcohol that is sealed and closed. Drivers in California are not allowed to carry open containers of alcohol. This regulation applies to drivers of any age. Learn more about these exceptions of a minor transporting alcohol with the Simmrin Law Group.
What Are the Potential Consequences of a Minor Being in a Car With Alcohol in California?
California Vehicle Code makes it clear that it is illegal for anyone under 21 as a driver or a passenger to have an alcoholic beverage in the car under certain circumstances. Penalties depend on if the container was open and if underage drinking has taken place.
For a full understanding of factors that impact the penalty, an LA criminal defense attorney is needed. Potential penalties may include the drivers being convicted under VC 23224 facing:
- Fines of up to $1,000
- Jail time of up to six months
The court can also impound a driver’s vehicle after a VC 23224 conviction in California. The court can keep a driver’s vehicle for up to 30 days. Additionally, the court could suspend an individual’s driver’s license following a VC 23224 conviction.
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Which Legal Defenses Can Be Used to Avoid Penalties?
Common defenses may include challenging the legality of the search and seizure that led to the discovery of the alcohol. Other defenses may involve establishing mistaken identity, asserting parental consent, or invoking the defense of necessity in exceptional circumstances. Consulting with a Los Angeles traffic violation lawyer is essential to evaluating which defense fits your case.
California’s Alcohol Possession Laws
Alcohol possession laws in California are strict, and violating these laws can result in serious consequences.
Criminal Offense and Penalties
Possessing alcohol unlawfully can be considered a criminal offense in California. Under California Business and Professions Code Section 25662, it is illegal for individuals under the age of 21 to possess alcohol in public places or while driving.
Violating this law can lead to penalties such as fines, community service, mandatory alcohol education programs, and even suspension of driving privileges. Repeat offenses may result in more severe consequences, including potential jail time.
Alcohol Container Regulations
California Vehicle Code Section 23223 prohibits drivers and passengers from possessing open containers of alcohol while in a motor vehicle, regardless of whether the vehicle is in motion or parked. This law aims to prevent drivers from consuming alcohol while operating a vehicle and promotes safety on the roads.
Interaction with Cannabis Products
The possession and consumption of cannabis products are subject to separate laws and regulations. While recreational cannabis use is legal for individuals aged 21 and older in California, it is essential to understand the specific guidelines and restrictions to avoid any legal complications.
Law Enforcement and Compliance
Law enforcement agencies in California actively enforce alcohol possession laws to ensure public safety. They may conduct routine traffic stops, DUI checkpoints, or respond to reports of underage drinking. It is helpful to cooperate with California officers and be aware of your rights during any interaction. A criminal defense attorney can handle communications on your behalf.
Find Out if a Minor Can Be in a Car with Alcohol in California
The Simmrin Law Group understands that facing criminal charges for having a minor in a car with alcohol can be a distressing situation. At our law firm, we are here to provide you with the supportive and professional legal assistance you need during this challenging time.
Our team of experienced criminal defense lawyers in Los Angeles excels in handling cases involving minors in possession of alcohol while driving. We are well-versed in California alcohol laws and will work diligently to protect your rights and avoid punishments such as license suspension or confinement in jail.
We invite you to contact us today by scheduling a free consultation. You can discuss the details of your situation with one of our dedicated DUI lawyers in Los Angeles. We will carefully listen to your concerns, answer your questions, and provide you with the guidance and support you need.
Call or text (310) 896-2723 or complete a Free Case Evaluation form