In Minnesota, underage drinking is strictly prohibited under state law, specifically under Minnesota Statute 340A.503. This law makes it illegal for anyone under the age of 21 to consume, purchase, or possess alcoholic beverages, except in specific circumstances such as religious ceremonies or under parental supervision in a private setting. Minnesota’s laws are designed to reduce alcohol-related harm among youth, as underage drinking can lead to a host of dangerous behaviors and long-term health consequences.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on criminal defense. With extensive experience serving Minnesota, Blumberg will fight hard to protect you or a young loved one against a criminal charge.
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 Underage Drinking
What is Underage Drinking?
Under Minnesota law, it is illegal for any person under the age of 21 to:
- Purchase alcohol.
- Consume alcohol in public places, bars, or restaurants.
- Possess alcohol in any public or private setting, except when supervised by a parent or guardian.
Penalties for Underage Drinking in Minnesota
The penalties for underage drinking in Minnesota can vary depending on the circumstances of the violation, such as whether the individual was driving, using a fake ID, or causing public disturbances. These penalties can be both criminal and civil in nature.
For simple possession or consumption of alcohol by a minor, the following penalties apply:
First Offense (Misdemeanor):
- a fine of up to $1,000
- and/or up to 90 days in jail.
- Subsequent Offenses:
- For repeat offenders, the penalties may be harsher, including higher fines and extended jail time, depending on the specific circumstances.
Fake Identification (Misdemeanor)
Using a fake ID to purchase alcohol or enter a bar is considered a more severe offense:
- First Offense:
- Up to 90 days in jail
- and/or a fine of up to $1,000.
- Subsequent Offenses:
- Can result in higher fines and longer jail time.
Underage Drinking and Driving (Misdemeanor or possible felony)
Minnesota enforces a zero-tolerance policy for underage drinking and driving. Under the “Not a Drop” Law, any driver under the age of 21 found to have any amount of alcohol in their system while operating a motor vehicle can face serious consequences.
- A minimum of 30 days suspension for the first offense and up to 180 days for subsequent offenses.
- underage drivers may face misdemeanor or even felony charges if they cause harm or damage.
- These may include required attendance at alcohol education programs, community service, and increased insurance rates.
Social Host Liability
Minnesota also enforces social host liability laws. This means that individuals who provide alcohol to minors or host parties where underage drinking occurs can face civil and criminal penalties.
- Fines up to $3,000 and/or
- Jail time if the minor is harmed or causes harm to others as a result of consuming alcohol.
Alternative Penalties
The state of Minnesota has multiple programs to educate and reform youth and to prevent youth from repeating their offenses. Under Minnesota Statute § 388.24, all counties in the state are required to utilize pretrial diversion programs for juveniles.
A prosecutor likely will refer an offender to a diversion program on condition the delinquency petition against the offender will be dismissed or the petition will not be filed after a specified period of time if the offender successfully completes the program. Further information on juvenile defense can be found here.
Defenses for Underage Drinking Charges
Common defenses against underage drinking charges in Minnesota can include:
Lack of Possession or Consumption
- Arguing that the individual did not actually possess or consume the alcohol.
Peer Pressure
- In some cases, if the individual was coerced into consuming alcohol by peers and may be a defense if it is a first-time offense
Parent/Guardian Consent:
- Minnesota law allows for minors to consume alcohol under the supervision of a parent or guardian in a private setting.
Additional Resources
- Minnesota’s “Not a Drop” Law: A zero-tolerance policy that prohibits anyone under 21 from driving while having any alcohol in their system.
- Minnesota Statute 340A.503: It illegal for anyone under the age of 21 to consume, purchase, or possess alcoholic beverages unless it is under certain circumstances
- Dakota County Diversion Programs for Alcohol and Drug Crimes — This program is designed for juveniles who have committed a first-time illegal use of alcohol or marijuana offense and who were not the driver of a vehicle at the time. If the program is completed, the juvenile will not lose his or her driver’s license for 30 days and the citation will be dismissed
- Juvenile Peer Court — Peer Court is an alternative sentencing program for juvenile offenders. The program is designed to teach juvenile offenders to take responsibility for their actions. After completing the program, the juvenile will not be charged or the juvenile’s citation will be dismissed. There will be no court record of the offense.
- Juvenile Defense: If your child is facing criminal charges, it is important to work with an experienced attorney who understands what you and your family are facing.
Apple Valley Criminal Defense Lawyer
If you or loved young one have been charged with underage drinking, you do not have to tackle the criminal justice 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 on both sides of the law to help you protect it.
James Blumberg Law accepts clients in Dakota County and other surrounding communities including Rice County, Carver County, Scott County, Sibley County, Dodge County, Steele County, and Sibley County.