If You Are Under 21 Years of Age Can You Transport Alcohol

Updated June 24, 2021

Vehicle Lawmaking 23224 CVC makes it a crime for a person under the age of 21 to drive a motor vehicle containing an alcoholic potable, or to possess an alcoholic beverage while riding in a motor vehicle. A violation of this police force is a misdemeanor punishable by up to six months of jail time.

The language of Vehicle Code 23224 states:

"(a) No person nether 21 years of age shall knowingly bulldoze any motor vehicle carrying any alcoholic beverage…

(b) No rider in any motor vehicle who is under 21 years of age shall knowingly possess or have nether that person's control any alcoholic beverage…"

Note, though, that the constabulary does let people nether 21 to send booze for piece of work, or drive with booze while under the supervision of or acting at the request of a responsible developed.

Examples

• an xviii-year-old driving a car with a bottle of wine in the dorsum seat.
• a 20-twelvemonth-sometime riding shotgun in a motorcar with a half dozen-pack of beer in a bag.
• a minor driving a motor vehicle with a flask in the glove box.

Defenses

People accused of a crime under this statute can challenge the accusation with a legal defense. A few common defenses include defendants showing that:

• they are exempt under the law,
• they did non know of any alcohol, and/or
• the law stopped or arrested them without probable cause.

Penalties

A violation of California Vehicle Code Section 23224 is a misdemeanor offense (as opposed to an infraction or a felony).

The crime is punishable past:

• custody in county jail for up to half-dozen months, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys volition discuss the following in this article:

• ane. What is prohibited by CVC 23224?
• 2. Are there legal defenses?
  • 2.i. Exempt under the law
  • 2.2. No knowledge
  • two.3. No likely crusade
• 3. What are the penalties?
• four. Are there related offenses?
  • 4.1. Drinking booze in a motor vehicle – VC 23221
  • 4.ii. Driving while possessing an open container of alcohol or marijuana – VC 23222
  • 4.3. Modest in possession of alcohol – BP 25662

Vehicle Code 23224 VC makes information technology a crime for a person under the age of 21 to bulldoze a motor vehicle containing an alcoholic drinkable.

i. What is prohibited by CVC 23224?

Vehicle Code 23224 makes it a crime for a person to either:

1. knowingly drive a motor vehicle while carrying whatever alcoholic drink, or
2. knowingly possess whatever alcoholic drinkable while a passenger in a motor vehicle.^ane

Note that in both of the to a higher place scenarios, a person is only guilty of a law-breaking if he/she actually knows that alcohol is in the vehicle, or he/she is in possession of booze.

The language of VC 23224 does set forth several exceptions where people are not guilty of a crime. People are non guilty nether the statute if they are transporting a airtight/sealed container of booze and one of the following is truthful:

1. they are accompanied by a parent, responsible adult relative, or some other adult designated by a parent or a legal guardian,
2. they are employed past someone who is licensed to sell alcoholic beverages and are driving the motor vehicle during regular hours in the course of their employment, or
3. they are following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible developed relative or adult designee relating to disposition of the booze.²

Note that if people nether the age of 21 violate this police force and were drinking booze and have whatsoever trace of booze in their system, a prosecutor can charge them with both:

• possession of alcohol in a vehicle, and
• underage driving under the influence (DUI), per VC 23136.

Vehicle Code 23136 is California's goose egg-tolerance law on underage drinking and driving (or, underage DUI). People violate this statute if they are under the age of 21 and drive with whatever detectable amount of alcohol in their organization. They do not need to be impaired, deemed nether the influence of alcohol, or have a blood alcohol content (BAC) of .08% or higher.

2. Are there legal defenses?

Criminal defense lawyers draw on several legal strategies to help clients competition charges under this statute. Three mutual ones include showing that:

1. the defendant is exempt nether the police.
2. the accused did not know of the presence of alcohol.
3. law stopped or arrested the accused without probable crusade.

2.i. Exempt under the law

Call back that at that place are a few exceptions under this statute that say people are not in violation of the law. A defense, then, is for a accused to show that he/she falls under one of these exceptions. Perhaps, for instance, the defendant was driving with alcohol in the automobile simply his/her parent was riding as a passenger.

2.2. No cognition

Recall, also, that people are but guilty nether this law if they actually knew that alcohol was in their motorcar, or they had possession of it. Therefore, information technology is always a defence for people to evidence that they had no knowledge of the alcohol.

two.3. No probable cause

Law enforcement tin only finish or arrest a person if they have likely cause that he/she has committed an offense. As such, an accused can challenge a charge by showing that the police never had probable cause of a crime. If true, a judge tin can exclude certain bear witness from a instance, reduce a charge, or drib the case birthday.

A violation of this statute can issue in a fine and/or jail time.

3. What are the penalties?

A violation of this lawmaking department is a misdemeanor offense.³

The law-breaking is punishable by:

• imprisonment in canton jail (as opposed to state prison) for up to six months, and/or
• a maximum fine of $1,000.⁴

In improver, the court will probably suspend a defendant'southward commuter's license for upwards to ane year. If a accused does not yet have his/her license, the court may delay the issuance of the license for one yr.⁵ Notation that a license suspension is less severe than the revocation of a person's driving privileges, which is unremarkably initiated by the California DMV.

4. Are in that location related offenses?

There are three crimes related to the possession of alcohol in a vehicle by someone under 21. These are:

1. drinking alcohol in a motor vehicle – VC 23221,
2. driving while possessing an open container of alcohol or marijuana – VC 23222, and/or
3. minor in possession of alcohol – BP 25662.

four.one. Drinking alcohol in a motor vehicle – VC 23221

Per Vehicle Code 23221 Vehicle Lawmaking 23224 VC, drinking alcohol in a motor vehicle is the offense where people drive a motor vehicle, or ride as a rider in one, and drinkable alcohol or smoke marijuana.

Every bit with violations of VC 23224, this crime can be charged along with drunk driving, a DUI charge, or the violation of one other of California'south DUI laws. If so, a defendant is free to hire a DUI attorney and challenge it with a California DUI defense.

four.ii. Driving while possessing an open container of alcohol or marijuana – VC 23222

Per Vehicle Code 23222 Vehicle Code 23224 VC, driving while possessing an open container of alcohol or marijuana is a misdemeanor law-breaking.

Unlike with a violation of VC 23224, a violation of this constabulary is an infraction punishable past a fine of $100 or more.

iv.three. Minor in possession of alcohol – BP 25662

Under Business and Professions Code 25662, minor in possession of alcohol is the criminal offense where minors possess alcohol in a public place.

Equally with VC 23224, people are just guilty of this offense if they knew that they were in possession of alcohol. The criminal offence is an infraction punishable by a fine of $250.

For additional help…

Contact u.s.a. for assistance

For additional guidance or to discuss your example with a criminal defense lawyer or one of our DUI lawyers, we invite you to contact our constabulary firm at the Shouse Law Group. Our attorneys provide both free consultations and legal communication y'all can trust.

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Source: https://www.shouselaw.com/ca/defense/vehicle-code/23224/

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