Criminal Defense Blog
If you are under the age of 21 and you are caught in possession of an alcoholic beverage in a public place like a street or park, you will face misdemeanor charges. In a worst-case scenario, a misdemeanor charge can result in a one-year sentence in county jail and a $1,000 fine.
Just holding an unopened bottle is enough. You do not need to have been drinking it. However, you will not be prosecuted if you were in possession only because you were fetching a beer for your parents or other responsible adult. Also, if you are delivering a beer as part of your employment, you don’t have to worry about being charged as a minor in possession.
Even if you try to “destroy” evidence by drinking the beer after you are spotted with the bottle, you will still face a minor in possession charge if you exhibit signs of intoxication. And you would still be deemed “in possession” of the alcohol even if it is in your body.
If convicted, the DMV will suspend your license for a year. If you do not yet have a license, you will not be able to get a license for a year after you are eligible to get one. This one-year suspension is strictly imposed for minors and you would not be able to legally drive unless you can show a critical need for a restricted license. Your punishment will also include a $250 fine or 24-35 hours of community service.
To avoid a criminal record and the prospect of losing your license for a year, you should seek the help of a criminal defense attorney. It is possible for your attorney to either get the charge reduced so that you can keep your license or dismissed altogether.
At Wallin and Klarich, our attorneys have been in practice for over 40 years and can help you achieve the best results. Call us today at 888-749-0034. We will be there for you when you call.
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