California makes it illegal for anyone younger than 21 to possess alcohol in any circumstances. The court treats this act even more seriously when it involves alcohol in a motor vehicle.
The state uses CA Vehicle Code 23224 – Underage Possession of Alcohol in a Vehicle to prosecute anyone under 21 found with alcohol in a vehicle. This charge can apply to drivers and passengers.
A conviction can result in jail time, fines, and other severe penalties. A Los Angeles DUI lawyer can provide more information about this charge and review potential defenses.
Defining “Vehicles” for VC 23224 Charges
Under VC 23224, individuals under 21 cannot possess alcohol in any self-propelled vehicle. For example, individuals could face criminal charges for carrying an alcoholic beverage in or on a:
- Car
- Truck
- Motorcycle
- Motorboat
- Golf car
- Dirt bike
This charge can apply even if an individual does not operate the vehicle under the influence of alcohol. Simply having an alcoholic beverage in the car constitutes a criminal act.
Can You Face VC 23224 Charges for Unopened Containers of Alcohol?
Individuals under 21 can face VC 232224 charges if they have unopened containers of alcohol in their vehicle. Even a sealed bottle of wine in the trunk is a violation if you are under 21 years of age.
However, the court system has three exceptions to this rule. You can legally transport closed or sealed alcohol in your motor vehicle while under 21 if:
- You have a parent or guardian with you, OR
- You are following the instructions of a guardian OR
- You must transport the alcohol as part of your job
In these situations, you do not break the regulations specified by CA Vehicle Code 23224 – Underage Possession of Alcohol in a Vehicle.
VC 23224 is not just a traffic ticket—it’s a misdemeanor criminal offense with severe consequences, so it’s essential that you review your legal situation immediately after an arrest.
What Are the Penalties for Possessing Alcohol in a Vehicle under 21 Years of Age?
California views this crime and all underage drinking crimes very seriously. Penalties for a VC 23224 conviction include:
- Up to 6 months in jail
- Fines of up to $1,000
- Having your license suspended for one year (or, if you don’t yet have a driver’s license, having it delayed by up to 1 year)
- If the car was yours, the police could impound it for up to 30 days
Most importantly, you may face other charges if you are the driver. The police investigate most underage drivers charged with VC 23224 for an underage DUI charge.
The police may check your blood alcohol content (BAC) if they find alcohol in your vehicle. Depending on the results of the test, you could face charges for CA Vehicle Code 23136: Underage Drinking or CA Vehicle Code 23140 – Underage DUI with a BAC of 0.05 or Higher.
The penalties for a DUI under 21 in California and other criminal charges can become severe, so it’s essential to contact a lawyer right away after an arrest for drunk driving.
You Can Build a Defense to VC 23224 Charges
Drivers do not have to just accept fines, a license suspension, and other penalties after an arrest for a VC 23224 violation. A criminal defense lawyer can help individuals under 21 build a defense for these charges.
Depending on the circumstances surrounding an arrest, a lawyer may argue that:
You Were Exempt from VC 23224 Regulations
Drivers do not have to follow Vehicle Code 23224 – Underage Possession of Alcohol in a Vehicle if they qualify for the previously discussed exemptions. For example, You may avoid a conviction if a lawyer establishes that you had your parent in the car when transporting alcohol.
You did Not Know You Had Alcohol in the Vehicle
You should only face VC 23224 charges if you knew you had alcohol in your vehicle when you went for a drive. A criminal defense attorney may establish that you had no knowledge of the presence of the alcoholic beverage.
The Police Stopped You Without Probable Cause
The police should not pull you over without reasonable cause. If the police stopped your vehicle for no reason and subsequently discovered alcohol in your car, a criminal defense attorney may file a motion with the court to dismiss your charges.
Lawyers Can Handle VC 23224 Charges
You don’t have to try to handle a VC 23224 charge alone. Instead, you may want to hire an attorney for immediate advice and guidance through the legal process. Lawyers may focus on:
- Getting your charges dismissed
- Discussing a plea bargain with the prosecution
- Representing you in court
Attorneys can discuss common defenses to this charge and help you handle all communication with police officers and the prosecution.
You do not have to wait to get legal advice. In fact, you can contact an experienced attorney immediately after an arrest to give yourself the best chance at constructing a solid defense for this misdemeanor charge and any other charges you face.
Learn More About VC 23224 with a Team of Attorneys
Do you have more questions about CA Vehicle Code 23224 – Underage Possession of Alcohol in a Vehicle? You can get answers to your questions from an experienced lawyer who understands the legal defenses that work to handle this misdemeanor crime.
We can connect you with an experienced Los Angeles DUI lawyer and help you get a FREE consultation. Call or fill out our online contact form to learn more.
