Minors and an open container of alcohol in a vehicle is a recipe for disaster. If you are a minor and have been pulled over and charged with an open container violation, you’re probably worried about the consequences you could face. Fortunately, an experienced Los Angeles DUI lawyer can help.
A dedicated attorney can provide the information and resources you need to avoid serious penalties. Don’t wait to hire an attorney and learn more about your legal options. Let’s take a closer look at the laws regarding minors driving with alcoholic beverages and how an attorney can assist you.
California Laws Prohibit Minors From Driving With an Open Container of Alcohol in the Vehicle
If you or your child has been charged with driving with a minor and an open container of alcohol in the vehicle, you’ll want to learn more about the laws that prohibit such behavior. Understanding the law can help you make smart legal decisions throughout your defense case and increase your chances of avoiding serious penalties.
According to California Law, all drivers are prohibited from having open containers of alcohol in the vehicle while driving. However, the rules are much tougher for those under 21. They cannot have alcohol in their glove compartment, passenger compartment, or vehicle at all, even if they are still sealed.
This is similar to the laws against underage possession of alcohol, but the consequences are much more serious when a vehicle is involved. If you are an adult or a minor who has been pulled over with an open container in the vehicle, it’s best to seek legal help.
A lawyer can investigate the incident, gather important evidence, and build a strong defense case on your behalf. Once your attorney has prepared a robust defense, they’ll represent you during legal proceedings and work hard to protect you from unwanted outcomes.
Exceptions to California Laws on Minors and Alcohol in Motor Vehicles
While the laws regarding minors driving with alcohol in the vehicle are strict, there are a few exceptions. These exceptions allow minors to operate motor vehicles with sealed alcohol under several different circumstances. The exceptions are as follows:
- If a parent is present: If you are under 21 and your parent is in the car, you can drive with alcohol in the vehicle. The alcohol must still be sealed and unopened or else stowed in the trunk where no one in the vehicle can reach it.
- If your parent gave you permission: If your parent or guardian specifically asked you to take a case of beer to a relative’s house, for example, you are allowed to transport it. Again, all containers must be completely unopened and stowed.
- If it’s your job: If you have a part-time job at a restaurant and are asked to drive some bottles of wine from one location to another, this is legal. As long as your job specifically involves transporting alcohol and all other laws are followed, it’s legal.
If you are a minor transporting an alcoholic beverage container in one of these situations, it is completely legal. However, you might run into some trouble if you are pulled over and one of the containers has a broken seal. If this happens, you’ll want to hire a skilled attorney.
While you likely won’t face jail time or license suspension for such an offense, it’s still important to get legal help. A lawyer can explain the laws that apply to your case and guide you through the legal process, ensuring you are well informed at every stage of the process.
What Are the Penalties for Transporting Alcohol Under 21?
If you’ve been pulled over and charged with transporting sealed or open bottles of alcohol, you’re probably worried about the consequences you could suffer. Learning more about the laws and penalties that apply to your situation can help you understand the legal process.
If you’ve been pulled over for transporting alcohol, you will likely be charged under California Vehicle Code 23224. VC 23224 is a misdemeanor criminal offense, not just a traffic ticket. The penalties for this offense include:
- Up to 6 months in jail
- A fine of up to $1,000
- Having your license suspended for 1 year (or, if you don’t yet have a driver’s license, having it delayed by up to 1 year)
- Your car may be impounded for up to 30 days
These penalties can impact your finances, freedom, and future. Not only can a conviction be costly, but imprisonment can impact your mental health and safety. Even losing your license and vehicle can make it hard for you to go to work and earn the wages you relied on before your arrest.
In addition to these penalties, there’s also the fact that a conviction will stay on your permanent record and potentially impact your future. Convictions can show up on background checks for new jobs, college applications, and financial aid applications. Don’t let this incident hurt your future. Hire an attorney and pursue a favorable outcome.
How Do Transporting Alcohol Under 21, Open Container Laws, and DUI Go Together?
Technically, VC 23224 is separate from DUI laws. A perfectly sober driver can be convicted of possessing alcohol in a vehicle if they are under 21 years of age. However, any alcohol in the vehicle will generally make the police suspicious and cause them to investigate a potential DUI.
This is when police will ask the driver to take a breath test. If you are under 21, you must comply with this request. Additionally, any sign of alcohol in the vehicle may cause police to request that all underage passengers take a breath test as well. This could lead to consequences for everyone in the vehicle.
Finally, if you are under 21 and you have any amount of alcohol in your system—even .01% BAC, the smallest amount that can be measured—you could face penalties for underage drinking and driving. Just because you are charged does not mean you will be convicted. It is possible to fight and win both a DUI charge and a VC 23224 charge.
How an Experienced Attorney Can Help You Avoid Serious Penalties
If you are a minor facing charges for driving with an open container in a vehicle, drunk driving, or another alcohol-related charge, it’s important that you hire an attorney. A lawyer can help protect you from a conviction and prevent this incident from sticking with you into the future.
A lawyer can investigate your arrest, look for violations of your rights, and craft a defense strategy to combat the charges you’re facing. Here’s what an attorney can do to make your case as successful as possible:
- Gather police reports, blood alcohol test results, witness testimony, and other forms of evidence
- Analyze evidence and use it to build a compelling defense
- Represent you during DMV hearings, trial dates, and other legal proceedings
- Negotiate with prosecutors for a plea bargain
- Fight to get your charges dropped or reduced
- Offer support and legal advice throughout your case
- Make time to answer any questions you have about your case
As you can see, there are many steps involved with the defense process. To ensure you have the best chance possible of getting a fair outcome, you’ll want to hire a trusted lawyer. Defending yourself without legal representation will likely lead to mistakes that will hurt your case.
Having a dedicated attorney by your side will show the prosecutors that you are taking this matter seriously and you won’t agree to an unfair plea agreement. No matter how complicated your case is, an attorney will see it through and protect your best interests from start to finish.
Negotiating a Plea Deal for an Alcohol-Related Driving Offense
If you are facing penalties for driving with an open container or driving while under the influence of alcohol, prosecutors may offer you a plea deal. A plea deal means that you plead guilty to a lesser charge and avoid the more severe penalties that you were initially facing.
However, it’s important to understand that prosecutors may take advantage of you by offering an unfair plea deal before you’ve had the chance to hire a lawyer. An attorney can review any deals you receive and determine if they benefit you now and in the long term.
Your lawyer can also negotiate with prosecutors to get a better deal. That said, your attorney may also take another route and try to get your charges dropped entirely. Your lawyer may challenge the arresting officers’ conduct or scrutinize the validity of the blood test results. Either way, your lawyer will work hard to get your case thrown out.
Challenging the Evidence in an Alcohol-Related Case
If you were pulled over and officers noticed you had an open container, there’s also a chance that they decided to administer a field sobriety test. If you failed this test, it doesn’t mean you have to accept the consequences of a DUI Conviction. In fact, an attorney can analyze the tests you took and determine if there were any errors made.
If your lawyer is able to cast doubt on the validity of the blood alcohol content tests that prosecutors are using as evidence against you, your case could get dismissed. Here are several ways your lawyer can challenge the impaired driving accusations made against you:
- Demonstrate that your rights were violated during the arrest or search
- Analyze blood and breath test results and look for errors
- Review the field sobriety test for issues
- Look to see if your test results were handled or interpreted incorrectly
- Search for other explanations as to why you may have failed a blood or breath test
These are only a few of the ways that a lawyer can challenge the charges you’re facing. No matter how serious your case is, you can count on an attorney to look at all the facts and find a way to defend you. With their experience, you’ll have a much better chance of avoiding penalties than if you represented yourself.
How To Find the Right Lawyer for Your Open Container or DUI Case
Finding the right DUI lawyer for your case can be difficult, but it’s necessary if you want to protect your freedom, finances, and criminal record. To find an attorney who is right for your car, you’ll want to meet with lawyers and ask them the following questions:
- How long have you handled cases like mine?
- Can you speak to your track record with cases like mine?
- How will you handle my case?
- What forms of evidence will you look for to build my defense?
- What kind of DUI defense strategy is right for my unique situation?
- Can I drive with alcohol in an unlocked glove compartment?
- Is it illegal for a minor to drive with an open container of alcohol in the vehicle?
- How long will my case take to resolve?
Asking a DUI lawyer these questions can give you a good idea as to whether they are the right choice for your case. If you are satisfied with the answers that an attorney provides to these questions, you’ll want to hire them.
While it’s important to look for an experienced and trusted attorney, it’s also critical that you get started on your case as soon as possible. Once you’ve found a lawyer with whom you feel comfortable, don’t hesitate to hire them and get started on your defense case.
Schedule a Free Consultation With an Experienced Attorney Today
Facing a serious charge related to minors and open containers of alcohol in a vehicle can be nerve-wracking, especially if you have your whole life before you and don’t want a conviction to mar your permanent record. The good news is that Los Angeles DUI Attorney can help you make smart decisions throughout the legal process and avoid a severe outcome.
Contact us today to schedule a free consultation with a highly experienced legal representative. They’ll talk to you about your situation and determine what your best course of action is. No matter how serious your charges are, you can count on us to provide the resources and information you need to get the best possible results from your defense case.
