Parents are expected to control their children’s behavior in many circumstances in California. Parents who allow their children to commit some criminal acts – or who encourage their children to break the law – can face criminal charges on their own.
California Business and Professions Code Section 25658.2: Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision is used to prosecute parents or legal guardians that supply their children with alcohol.
You can get more information about the legal application of BPC 25658.2 charges with the Simmrin Law Group. Find out more about the penalties for this charge and even possible legal defenses with our legal professionals.
Go Over the Definition of BPC 25658.2
California Business and Professions Code Section 25658.2 can be brought against any parent or legal guardian who knowingly:
- Allows Their Child or Another Minor Person Who is Around Their Child To
- Drink Alcohol or Utilize a Controlled Substance at Home IF
- The Child or Underage Individual is Impaired by the Alcohol or Controlled Substance AND
- The Parent or Guardian Allows the Minor to Leave Home to Operate a Vehicle AND
- While Operating the Vehicle the Minor Causes an Accident
Note that BPC 25658.2 charges generally apply if a minor’s blood alcohol content (BAC) is found to be above 0.05%. You should also be aware that BPC 25658.2 charges should only apply if a parent or guardian knew about the alcohol consumption and the fact that their child was leaving the house to operate a vehicle.
Consider Charges Similar to BPC 25658.2
The legal system in California harshly punishes individuals who drive under the influence, regardless of their age. The following charges can be used for minors, regardless of whether or not they cause an accident after consuming alcohol:
- California Vehicle Code Section 23136: Under 21 DUI with Any Measurable Amount of Alcohol.
- California Vehicle Code Section 23140: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent.
There are also other legal codes used to prosecute adults for supplying minors with alcohol or other controlled substances. Adults – whether they are a minor’s legal guardian or not – could face charges for:
- California Penal Code Section 193.8(a): Relinquishing Possession of a Vehicle to a Minor.
- California Penal Code Section 272: Contributing to the Delinquency of a Minor.
- California Business & Professions Code Section 25658(A): Selling or Furnishing an Alcoholic Beverage to a Person Under 21.
- California Business & Professions Code Section 25665: Permitting Minor In On-Sale Establishment.
Focus on the Penalties for BPC 25658.2 Convictions
Permitting consumption of alcohol by minor children with a subsequent vehicle collision can be treated as a misdemeanor in the court system in California. A conviction under BPC 25658.2 can result in the following penalties:
- Fines of Up to $1,000.
- Jail Time of Up to One Year.
Legal Defenses for BPC 25658.2 Accusations
You do not have to try to handle BPC 25658.2 accusations on your own. You can improve your chances of beating these charges by contacting a criminal defense lawyer in Los Angeles right now. A legal professional can go over the facts of your cast to show that:
You Did Not Know Your Child Was Consuming Alcohol
We mentioned previously that a parent or guardian had to be aware that alcohol consumption was occurring for BPC 25658.2 charges to apply. If your child or a minor around your child consumed alcohol without your knowledge, you could avoid a BPC 25658.2 conviction.
You Did Not Know Your Child Was Going to Operate a Motor Vehicle
While the court system in California does not look favorably upon parents or guardians who allow their underage children to consume alcohol, BPC 25658.2 charges only apply if your child drinks and then operates a vehicle, causing an accident, with your knowledge. If your child took got behind the wheel without your knowledge, BPC 25658.2 charges should not be brought against you.
Your Child Did Not Cause an Accident
Drinking and driving is dangerous to everyone on the roads. However, BPC 25658.2 charges only apply if an underage driver causes an accident. Note that your child could still face criminal charges for driving under the influence, even if no accident occurs.
Get Help with BPC 25658.2 Charges from a Legal Professional
California Business and Professions Code Section 25658.2: Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision charges can be difficult to handle alone. Take steps to get legal guidance now from the Simmrin Law Group. You can call 310-997-4688 or fill out our online contact form to speak with a criminal defense lawyer in Los Angeles now.
Start focusing on the legal options available to your family with a FREE consultation.