Individuals in California are not legally allowed to drink alcohol until they are over 21. Minors who purchase or consume alcoholic beverages can face criminal charges. Any business or individual that provides a minor with alcohol can also be prosecuted in criminal court.
California uses California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21 to prosecute the sale of alcohol to individuals under 21. You can get more information about this charge right here with the Simmrin Law Group.
California Business and Professions Code Section 25658(a): Definition
According to BPC 25658(a), an individual or business can face criminal charges if they sell alcohol to anyone under 21. BPC 25658(a) charges also apply if any individual gives a minor alcohol or furnishes them with alcohol.
Note that businesses should only be found guilty of BPC 25658(a) violations if they knew or should reasonably have known that they were furnishing a minor with an alcoholic beverage. For example, if a minor provided identification that seemed to indicate they were over 21, the business would not be guilty of a BPC 25658(a) violation.
California Business and Professions Code Section 25658(a): Examples
Familiarize yourself with BPC 25658(a) charges by considering these examples:
Man A owns a liquor store in town. A group of college kids comes in to buy beer for a weekend party. He’s pretty sure they’re under 21, but they want to make a big purchase, so he does not card them. He could be charged for selling or furnishing an alcoholic beverage to a person under 21.
Man B just bought some beer at his local liquor store. On his way to his car, he’s approached by a young woman who asks if she could have a few cans, because she forgot her I.D. and the clerk will not sell her any alcohol. He agrees because she seems nice and he’d like to get her number. He could be convicted under BPC 25658(a).
California Business and Professions Code Section 25658(a): Similar Charges
There are a number of other charges related to selling or providing a person under 21 with alcoholic beverages in California. Depending upon the situation, an individual could be charged with:
- California Penal Code Section 272: Contributing to the Delinquency of a Minor.
- California Business and Professions Code Section 25658.2: Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision.
- California Business & Professions Code Section 25665: Permitting Minor In On-Sale Establishment.
Note that these charges were developed largely to prevent driving under the influence (DUI). DUIs are very harshly punished in the state of California. A person under 21 who is stopped for a DUI could be charged with:
- 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.
California Business and Professions Code Section 25658(a): Penalties
There are a number of possible penalties for BPC 25658(a) violations in the state of California. Generally, an individual convicted of selling or furnishing an alcoholic beverage to a person under 21 could be:
- Fined Up to $1,000.
- Required to Perform 24 Hours of Community Service.
However, if the person under 21 went on to harm or kill themselves or someone else after being furnished with alcohol, the accused could face up to one year in jail. Additionally, the court system can suspend or revoke the liquor license of a business following a BPC 25658(a) conviction.
California Business and Professions Code Section 25658(a): Defenses
A criminal defense lawyer in Los Angeles can help you take on California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21 charges. Depending upon your circumstances, a lawyer could build your defense by showing that you believed you were selling alcoholic beverages to someone over 21.
Some fraudulent identification cards are very convincing. If you sold alcohol to a person under 21 after they showed you a fake I.D. card that appeared legitimate, you should not be convicted under BPC 25658(a).
Build Your Defense for BPC 25658(a) Charges with a Lawyer
You can face fines and jail time for a California Business and Professions Code Section 25658(a): Selling or Furnishing an Alcoholic Beverage to a Person Under 21 conviction. Get help building a strong defense to these charges now by contacting the Simmrin Law Group for a FREE initial case evaluation.
Make sure you’re ready to handle BPC 25658(a) charges by contacting our criminal defense lawyers in Los Angeles. Just complete our online contact form or call 310-896-2723 to get started.