Minor Consuming Alcohol

[ALeivingston13]

What is the name of your state (only U.S. law)?

California- Long Beach

Hello, I am 20 years old college student and was charged with a “Minor Consume Alcohol” Violation BP 25658(B). I was at a friend’s graduation party hosted at a restaurant. I had a beer and a one shot while I was there. The officers caught me mid sip of my beer. When asked if I was of age, I replied “no”.

I know I was guilty of drinking underage and have no intentions of lying in court. I would just like to know what is both the maximum and minimum punishment. Some people have stated that you can have your license revoked for up to a year. I am a college student that doesn’t live near my school at all, so taking the bus or riding a bike is not an option for me. Thank for your help.What is the name of your state (only U.S. law)?

[CdwJava]

Here is the section for which you have been charged:

B&P 25658(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.

Per 25658(e) a first offense SHALL be punished by a "fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court."

Per CVC 13202.5 if convicted "the court shall suspend the person's driving privilege for one year".

- Carl

[ALeivingston13]

Thank you, so the biggest thing I am concerned about is my license being suspended for year. Is this a standard for all underage drinking charges or is this dependent on the judge presiding over the case. Will the judge decide whether or not I get my license suspended depending on the case; or will the judge just say your license is gone because you drank. Like I said this before, not having my license is an extremely big deal. My job depends on me driving so not having it would probably force me to loose my job. I understand I was in the wrong but that seems a little extreme. Again thank you to anyone that can answer this question.

[Ohiogal]

Originally Posted by ALeivingston13

Thank you, so the biggest thing I am concerned about is my license being suspended for year. Is this a standard for all underage drinking charges or is this dependent on the judge presiding over the case. Will the judge decide whether or not I get my license suspended depending on the case; or will the judge just say your license is gone because you drank. Like I said this before, not having my license is an extremely big deal. My job depends on me driving so not having it would probably force me to loose my job. I understand I was in the wrong but that seems a little extreme. Again thank you to anyone that can answer this question.

It is GONE. Your license is history. The court is COMMANDED BY STATUTE to suspend your license. There is no "may" in the statute. It is SHALL.

[CdwJava]

Originally Posted by ALeivingston13

Thank you, so the biggest thing I am concerned about is my license being suspended for year. Is this a standard for all underage drinking charges or is this dependent on the judge presiding over the case. Will the judge decide whether or not I get my license suspended depending on the case; or will the judge just say your license is gone because you drank. Like I said this before, not having my license is an extremely big deal. My job depends on me driving so not having it would probably force me to loose my job. I understand I was in the wrong but that seems a little extreme. Again thank you to anyone that can answer this question.

The court SHALL suspend your license.

But, you may also apply for a restricted license by showing a critical need to drive. Whether the court or the DMV finds your reasons to be compelling is something I cannot answer.

- Carl