The National Minimum Drinking Age Act of 1984, set the minimum drinking age across the United States of America as 21. This means that anyone below the age of 21 cannot purchase or consume alcohol. Minor in possession laws are those legal statutes that govern the possession and consumption of alcohol by minors. In some states, this could extend to drugs and other substances as well.
If you are facing a minor in possession charge, you will benefit from the expertise we have at our Minor in possession Law Firm North Dakota – Ward K Johnson. Our lawyers are dedicated to making sure that you understand all aspects of your charges, and are ready to put the best defense forward for your case.
What constitutes “alcohol” in law?
Not only does the National Minimum Drinking Age Act define the minimum age you have to be in order to consume alcohol, but it also describes what constitutes alcohol. ‘Alcohol’ can refer to any beer, ale, porter, stout, sake, wine, etc. that contains more than 0.5% of alcohol in its volume. It also includes any distilled spirits such as ethyl alcohol or ethanol. You might know these as brandy or whisky, for example. Any minor in possession of or consuming any of these types of alcohol should get in touch with one of our Minor in possession Lawyers North Dakota right away if they are charged under this law.
When does the minor in possession law apply?
Minor in possession laws only apply in the case of public possession. This refers to consumption and/or possession on any street or highway, or any place open to the public, like parks, restaurants, clubs open to the public, etc. Our Minor in Possession Law Firm North Dakota deals with any case where a minor is charged with possession in such places.
The laws do not apply if the minor is using alcohol for religious purposes (if there is supervision by a legal guardian over the age of 21), medical purposes (if recommended and administered by a licensed medical professional), in private establishments, or when lawfully employed by a licensed manufacturer, wholesaler, or retailer of such goods.
How does the law regulate drinking as a minor?
The law regulates underage drinking and possession through a few different factors. It exercises control over both providers and minors.
The law prohibits selling, providing, or giving alcohol to minors. You could be charged under the law if you sell or give alcohol to a minor, even if you are not a miner yourself. If you find yourself in such a situation, you will find yourself facing several consequences including losing your liquor license and the right to sell alcohol. This applies to public spaces, although our Minor in possession Law Firm North Dakota has found that some states enforce this even in the case of private parties.
If you are a minor, then you are prohibited from buying alcohol and having alcohol in your possession. Consumption of alcohol is also not allowed. Some states, however, allow for minors to consume alcohol under parental supervision, and for possession during employment, such as serving alcohol if you are a member of the wait staff. Of course, we have all heard about instances of minors misrepresenting their age to get their hands on alcohol. Such cases are regarded as separate offenses in most states. You should speak to our Minor in possession Lawyers North Dakota to find out which of these regulations pertain to your case.
Hiring a Ward K Johnson Law Firm
While facing a minor in possession charge, you need legal representation who will take care of all your needs during your case period. Our Minor in Possession Lawyers North Dakota handle all aspects of minor in possession cases. We will make sure that you are well aware of your rights and what laws apply to you, and will aid you in mounting a strong defense against your charges.
This article is for informational purposes only and is not to be substituted for legal advice.