Our Practice Areas
Alcohol Related Crimes
At RBE law we recognize that being charged with any criminal offence or infraction can be incredibly stressful. We ensure that we appear on your behalf at court to lessen the stress. We also ensure that we attain the best resolution for you.
The most common alcohol related offences are as follows:
Alcohol Related Offences
Minor in possession of alcohol (Section 2566 Business and Professions Code):
It is against the law in California for anyone under 21 years of age to drink, possess or purchase alcoholic beverages. The outcomes vary depending upon whether you are carrying identification and are driving a vehicle whilst being a minor in possession.
If you are carrying identification at the time of the offence, the following will occur:
- You will receive a citation requiring a mandatory court appearance.
- Your Driving privileges will be suspended for up to one year.
- Upon conviction, District Attorney’s Office may allow first time offenders to plead a second charge of open container of alcohol. Defendant will then complete a ten-hour “Young Adult Pre-DUI Program” and pay for class charges and fine. Original charge will be maintained by courts and related offenses before the age of 21 will activate the original charge of 25662 B/P, including all fines and penalties.
If you are not carrying identification at the time of the offence, the following will occur:
- You will be arrested, handcuffed and taken to a local police station where you will be detained until your identification can be established.
- The same legal sanctions apply as listed above.
If you are driving whilst being a minor in possession of alcohol the court will suspend your driver’s licence for a year.
Open container of alcohol (Section 36-3 Santa Barbara County Ordinance):
It is against the law to possess alcohol in a public place.
- The fine ranges from $200-550, with the average being $200. The fines are progressive – meaning they will increase for an individual with each new offence of the same type.
- If the individual is under the age of 21 there will be a mandatory court appearance and license suspension.
Public intoxication (Section 647(f) Penal Code):
It is an offence to be in any public place under the influence of alcohol, drugs, controlled substances, toluene, in a condition that he or she is unable to care for his or her own safety or the safety of others by reason of being under the influence of the above, or where the individual interferes with or obstructs or prevents the free use of any street, sidewalk or other public place.
The maximum sentence for this offence is 180 days jail time. In addition if you are under 21 the court will suspend your driving licence for a year upon conviction.
Serving drinks to minors (272 Penal Code and 25662 Business and Profession Code):
This can be charged in a variety of different ways. Firstly, it can be charged as Contributing to the delinquency of a minor under penal code 272. This charge has a maximum of 1 year in county jail and a fine of $2,500.
It is an offence to serves drinks to minors. A fine can be imposed in both private and public circumstances.
A drinking establishment may have their business liquor license suspended.
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With this in mind RBE Law offers all potential clients a free 30 minute consultation.