Minors in Possession of Alcohol and the Vehicle Code

March 18, 2010

sign_no_alcohol.jpgOur last post covered the various provisions of California's Business and Professions Code that govern possession and consumption of alcohol by minors. Today we look at sections of the state Vehicle Code that also relate to minors and alcohol.

Possession of Alcohol in a Vehicle

Vehicle Code Section 23224 makes it a misdemeanor for a person under 21 years of age to have any sort of alcohol in a car, except under the supervision of a parent or guardian or as part of the minor's employment. Convictions under this code come with severe penalties, including impoundment of the vehicle for 1 to 30 days, fines of up to $1000, and jail time of up to 6 months. In addition, someone convicted of violating section 23225 is also punishable under Vehicle Code Section 13202.5, described below.

Suspension of Driving Privileges

Vehicle Code Section 13202.5 requires a one year suspension of driving privileges for anyone under 21 convicted of violating Vehicle Code Section 23224 described above or any of the Business and Professions Code sections outlined in yesterday's posts. It also says that if the person convicted of these codes does not yet have a driver's license, the DMV must delay issuing a license for one year after the convicted person become eligible. And each additional violation results in an additional one-year delay in getting a license.

DUI and Minors

Of course, minors are also subject to Vehicle Code Sections 23152 (a) and (b), which make it a crime to drink and drive. Conviction of DUI comes with fines of at least $2000, jail time, and probation. See the October 2, 2010 post for detailed information on DUI penalties.