Summary of State Laws About Alcohol Possession/Consumption
The following is not a comprehensive list of statutes and penalties. This is an overview summary of some statutes and attendant penalties for violation of such statutes. Be aware that statutes may also have enhanced penalties for subsequent offenses.
California Business & Professions Code, Section 23301.– It is illegal to sell alcohol without a valid license or permit.
- Penalty:Violator is guilty of a misdemeanor or a felony.
California Business & Professions Code, Section 25658. – It is illegal to sell, furnish or give any alcoholic beverage to anyone under 21 or to anyone who is obviously intoxicated.
- Anyone who sells or gives any alcoholic beverage to a person under age 21 is guilty of a misdemeanor.
- Penalty:Violator is assessed a $1,000.00 fine and shall perform a minimum of 24 hours of community service. Penalty increases if injuries or death result from a minor drinking alcoholic beverages
- Anyone under the age of 21 who purchases or who consumes any alcoholic beverages in any on–sale premises is guilty of a misdemeanor.
- Penalty:First offense: Violator shall pay $250.00 fine or perform 24–32 hours of community service.
California Business & Professions Code, Section 25661.– It is illegal to sell or provide false evidence of age or identity and to anyone under age 21. Anyone under 21 who presents false evidence of age and identity is guilty of a misdemeanor.
- Penalty:First Offense: Punishment shall include a minimum fine of $250 and/or performance of 24–32 hours of community service.
California Business & Professions Code, Section 25662.– Any person under 21 years of age who has any alcoholic beverage in their possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.
- Penalty:First Offense: Fine of $250.00 or 24–32 hours of community service.
California Business & Professions Code, Section 26665. – It is illegal for anyone under age 21 to enter or stay in a place licensed to sell liquor without a lawful reason to be there.
- Penalty:Violation of this statute constitutes a misdemeanor and is punishable by a minimum fine of $200.00.
California Vehicle Code, Section 23140.– It is illegal for anyone under 21 who is intoxicated (blood alcohol level of .05) to drive a vehicle.
- Penalty:First Offense: In addition to penalties listed for Vehicle Code Section 23152, the court may order the individual to participate in the Youthful Drunk Driver Visitation Program. (California Vehicle Code Sections 23509–23518.5)
California Vehicle Code, Section 23152.– It is unlawful to drive a vehicle while under the influence of alcohol (.08 blood alcohol level) or drugs or under the combined influence of alcohol and drugs.
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Penalty:First Offense: Imprisonment in the county jail for a minimum of 96 hours, with at least 48 of those hours served continuously, with a maximum of 6 months in jail, and a fine of $390.00–$1,000.00, suspension of driving privileges, surrender or driver´s license to the court. The individual shall enroll in and successfully complete a driving under the influence program and to participate in a licensed program of education and counseling for a minimum of three months. The court may order an ignition locking system be installed on the individual´s vehicle.
Second Offense: A second offense within 10 years shall result in imprisonment from 90 days to one year, a penalty of $390.00–$1,000.00, suspension of driving privileges, surrender of driver´s license, enrollment in a minimum 10–30 month driving under the influence and counseling program. The court may order an ignition locking system be installed on the individual´s vehicle.
California Vehicle Code, Section 23221.– No driver or passenger shall drink any alcoholic beverage while in a motor vehicle upon a highway.
California Vehicle Code, Section 23222, 23223.– It is illegal for a driver or passenger to possess an open container of alcoholic while in a motor vehicle upon a highway or on any lands.
California Penal Code, Section 647(f). –An individual who is found in any public place under the influence of alcohol, any drug, controlled substance, toluene or any combination of these is unable to care for their safety or the safety of others or interferes with or obstructs a sidewalk, or street or other public way is guilty of disorderly conduct, a misdemeanor.
- Penalty:Individual may be taken into civil protective custody in a facility for 72 hours. Other penalties may apply for related offenses.
There are additional state statutes relating to unlawful conduct involving the use of alcohol and/or drugs. There may also be municipal and local county ordinances relating to unlawful conduct concerning the use and/or possession of alcohol.