In Minnesota, it is illegal for individuals under the legal drinking age of 21 to possess alcohol. Under Minnesota Statute 340A.503, any minor caught possessing, consuming, or attempting to possess alcohol can face criminal penalties. This law aims to reduce underage drinking and mitigate the risks associated with alcohol consumption among minors, such as impaired driving, health risks, and accidents.
The statute applies to various situations, whether it involves a minor caught with alcohol at a party, possessing alcohol in a vehicle, or holding alcohol on school grounds. Minnesota law strictly prohibits any form of possession, including direct possession (such as holding a bottle) or constructive possession (being in control of a space where alcohol is present).
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on criminal defense in Minnesota. With extensive experience, Blumberg will fight hard to protect you against criminal charges, including those related to alcohol possession by minors.
To find out more about how an experienced criminal defense attorney can help your case, call us today at (952) 431-7758. Your first consultation is free, so call now.
Information Center for Possession of Alcohol by a Minor
What is Possession of Alcohol by a Minor?
In Minnesota, possession of alcohol by a minor is a criminal offense under Minnesota Statute 340A.503, which makes it illegal for individuals under 21 to possess or consume alcoholic beverages. The law covers a range of situations where a minor might be found with alcohol, including the following:
Minor Caught with Alcohol at a Party
- Scenario: A 19-year-old attends a party where alcohol is being served. Even if the minor did not consume the alcohol but is found holding a drink, they can be charged with possession of alcohol by a minor.
Alcohol in a Minor’s Vehicle
- Scenario: A 17-year-old is pulled over for a traffic violation, and the police discover a bottle of alcohol in the back seat. Even if the bottle is unopened, the minor can face charges for possessing alcohol.
Holding Alcohol on School Property
- Scenario: A high school senior brings a flask of alcohol to a school dance. When caught, they face charges for possessing alcohol as a minor, as schools are considered zero-tolerance zones.
Minor with Alcohol at a Park or Public Space
- Scenario: A 20-year-old is caught with a beer at a local park during a gathering with friends. Regardless of where the alcohol was purchased, they can be charged with possession.
Penalties
The consequences for possession of alcohol by a minor in Minnesota can vary based on the circumstances of the offense and any previous violations. The penalties typically include:
Misdemeanor:
For first-time offenses, the minor can face up to:
- 90 days in jail and
- A $1,000 fine.
- Additional consequences may include community service and alcohol awareness programs.
Gross Misdemeanor (if related to other crimes):
If the possession charge is connected to other offenses, such as providing alcohol to other minors, the penalty can include
- up to 1 year in jail and
- fines up to $3,000.
Defenses
Several defenses may be raised to contest charges of possession of alcohol by a minor under Minnesota law, depending on the specifics of the case. Some common defenses include:
Mistake of Fact:
- If the minor can demonstrate that they had no knowledge of the alcohol’s presence, such as being unaware of a friend’s alcohol in their vehicle, this may serve as a viable defense.
Parental Exception:
- Minnesota law allows minors to possess alcohol in certain controlled settings under parental supervision, such as in their own home. However, this defense is limited and may not apply in public settings or if the alcohol is found outside of parental presence.
Lack of Possession:
- A minor may argue that they did not have actual or constructive possession of the alcohol, meaning they were not in control of it or responsible for the space where it was found.
Additional Resources:
- Minnesota Statute 340A.503: It is unlawful for any person under 21 years of age to possess, consume, or attempt to possess alcoholic beverages.
- “What’s the Big Deal?”: A brochure in Minnesota made to educate its youth on the consequences of underage drinking.
Contact a Minnesota Criminal Defense Lawyer
If you have been charged with possession of alcohol as a minor, you do not have to navigate the legal system alone. Contact Dakota County criminal defense attorney James Blumberg at (952) 431-7758 to begin building a strong defense. Your future is important, and he can use his knowledge and experience to help you protect it.
James Blumberg Law accepts clients in Dakota County and other surrounding communities including Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.