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Teen Alcohol Violations: Legal Consequences and Defense Options
Teen drinking might seem like a typical high school issue, but in California, it often turns into a legal one. In 2023 alone, juvenile arrests in the state rose by 23.3%, and many of these were alcohol-related violations. Whether it’s getting caught with a drink at a party, using a fake ID, or being drunk in public, teens can find themselves facing real consequences. And once you’re in the system, even one mistake can create a chain reaction that affects driving privileges, school admissions, and job prospects.
If your teen is facing an alcohol-related charge, the smartest thing you can do is hire a trusted lawyer early. Reach out to our Orange County juvenile attorney, Katie Walsh, to find out how to protect your child’s future.
Legal Consequences of Teen Alcohol Violations in California
Minor in Possession (MIP)
Under the state’s Business and Professions Code § 25662, being caught with alcohol can result in a fine of $250, mandatory community service ranging from 24 to 32 hours, and suspension of their driver’s license for one year. Repeat offenses bring even tougher penalties, including increased fines and additional community service hours.
Using a Fake ID
Under Business and Professions Code § 25661, if your teen is caught using or even possessing a false ID, they face fines from $250 up to $1,000, dozens of hours of community service, a potential jail sentence of up to six months, and a one-year license suspension. These punishments are designed to deter behavior, but they can also derail educational and career opportunities for your child.
Attempting to Purchase Alcohol
Even trying unsuccessfully to buy alcohol is punishable under California law. According to Business & Professions Code § 25658, attempting to purchase alcohol can result in up to $100 in fines, between 24 and 32 hours of community service, and a one-year suspension of driving privileges.
Underage Drinking and Driving
California’s Zero Tolerance laws, detailed in Vehicle Code §§ 23136 and 23140, make it illegal for anyone under 21 to drive with even the smallest amount of alcohol in their system. If your teen is found driving with a blood alcohol concentration (BAC) of 0.01% or higher, they face a one-year suspension of their license, mandatory enrollment in DUI educational programs, and substantial fines.
Public Intoxication
Teens found publicly intoxicated can be charged under Penal Code § 647(f). This law applies when an individual is intoxicated in public to a degree that makes them unable to care for their own safety.
Social Host Liability
In California, even adults can face penalties related to teen alcohol violations under Social Host Liability laws. If you, as a parent or guardian, knowingly allow underage drinking on your property, you can face misdemeanor charges, heavy fines, and potential jail time, particularly if someone is injured as a result.
Defense Options for Teen Alcohol Violations
Challenging the Legality of Searches or Stops
Police officers must follow strict guidelines when interacting with minors, especially concerning searches and seizures. If your teen was subjected to an illegal search or an unjustified stop, a lawyer can argue to suppress any evidence obtained unlawfully.
Questioning BAC Test Accuracy
Breathalyzer and blood tests aren’t always accurate. Machines can be improperly calibrated, officers might administer tests incorrectly, or certain medical conditions might affect results. Your attorney can highlight these issues, questioning the accuracy of test results.
Lack of Knowledge or Intent
Not all teens charged with alcohol violations intentionally break the law. Perhaps your child was unknowingly handed an alcoholic beverage at a party or didn’t realize alcohol was present. Demonstrating your teen’s lack of intent or knowledge about alcohol can lead to a reduction or dismissal of charges.
Diversion Programs and Alternative Sentencing
California courts often offer alternative sentencing programs for first-time juvenile offenders. Instead of traditional punishments, your teen might participate in counseling, educational programs, or community service.
Schedule a Free Call with an Orange County Juvenile Defense Attorney
Every case is different—but every family deserves a juvenile defense lawyer who’s present, prepared, and focused on solutions. Katie Walsh works with you, your teen, the school, and the court to keep things from spiraling. From her first call to the final court date, she’s there for school meetings, license hearings, and the hard conversations most families don’t know how to start. Whether this is your teen’s first run-in or part of something bigger, she’ll ensure the legal process doesn’t define them. Call (714) 351-0178 or fill out a quick form online to talk it through.