ALCOHOL POLICY, REGULATIONS AND CITATIONS IN STATE OF CALIFORNIA. Legal drinking age of the United States is 21 years old.

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1 ALCOHOL POLICY, REGULATIONS AND CITATIONS IN STATE OF CALIFORNIA. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA) Legal drinking age of the United States is 21 years old. 1. Underage possession of alcohol Possession is prohibited WITH THE FOLLOWING EXCEPTION(S): private location OR parent/guardian consent OR legal-age spouse Notes: California's "Any Private Location" exception excludes possession in motor vehicles. California's statute regarding possession of alcohol by a person under the age of 21 years includes an exception for "responsible adult relative", but does not specify which relatives are included. Legal citations California Business and Professional Code Possession of Alcohol in any public place Cal. Bus. & Prof. Code s (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment. That person shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or

2 provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants. Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed. (c) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section of the Vehicle Code. California Vehicle Code Possession of Alcohol in Vehicle Carrying Alcohol in a Vehicle The law is very strict about carrying alcohol or drugs in a vehicle whether the vehicle is on or off the highway. You must not drink any amount of alcohol in any vehicle. A container of liquor, beer, or wine carried inside the vehicle must be full, sealed, and unopened. Otherwise, it must be in the trunk or in a place where passengers don t sit. Keeping an opened alcoholic drink in the glove compartment is specifically against the law. In a bus, taxi, camper, or motor home, the law does not apply to non-driving passengers. Drivers under 21 (Possession of Alcohol) If you are under 21 years of age: You may not have beer, wine or liquor in your vehicle unless accompanied by a parent or other person specified by law. Exception: You may carry alcoholic beverages while working for someone with an off-site liquor sales license. You may not have an alcoholic beverage in your possession in your vehicle. If you are caught with an alcoholic beverage in your vehicle, it may be impounded for up to 30 days. The court may fine you up to $1,000 and either suspend your driving privilege for one year or require DMV to delay the issuance of your first license for up to one year, if you are not already licensed. Your driving privilege will be revoked for one year, if you are convicted of either driving with a blood alcohol concentration (BAC) of 0.01% or higher or driving while under the influence of an alcoholic beverage. On the first offense you will be required to complete the educational portion of a licensed driving-under-the influence (DUI) program. A subsequent offense may require a longer DUI program and you will not have a restricted license to attend the DUI program.

3 Drivers of All Ages It is illegal to drive after consuming excessive alcohol in any form (including medications such as cough syrup), or taking any drug (including prescription medications), or using any combination of alcohol or drugs. Cal. Veh. Code s (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person's control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. (c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner's expense for not less than one day nor more than 30 days for each violation. (d) Any person under 21 years of age convicted of a violation of this section is subject to Section (below) (e) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. Cal. Veh. Code s (a) For each conviction of a person for an offense specified in subdivision (d), committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person's driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally

4 eligible to drive. However, if there is no further conviction for an offense specified in subdivision (d) in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall suspend the person's driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year. As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section (b) Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver's licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit a certified abstract of the conviction, together with any driver's licenses surrendered, to the department. (c) (1) After a court has issued an order suspending or delaying driving privileges pursuant to subdivision (a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive. (2) As used in this section, "critical need to drive" means the circumstances that are required to be shown for the issuance of a junior permit pursuant to Section (3) The restriction shall remain in effect for the balance of the period of suspension or restriction in this section. The court shall notify the department of any modification within 10 days of the order of modification. (d) This section applies to violations involving controlled substances or alcohol contained in the following provisions: (1) Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of, and Sections 25658, , 25661, and of, the Business and Professions Code. (2) Division 10 (commencing with Section 11000) of the Health and Safety Code. (3) Section 191.5, subdivision (a) or (b) of Section 192.5, and subdivision (f) of Section 647 of the Penal Code. (4) Section when subject to Section , Section 23140,and Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 of this code. (e) Suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation specified in subdivision (d).

5 2. Underage Purchase of Alcohol Purchase is prohibited WITH THE FOLLOWING EXCEPTION(S): for law enforcement purposes California Constitution, Article 20, Section 22 The sale, furnishing, giving, or causing to be sold, furnished, or giving away of any alcoholic beverage to any person under the age of 21 years is hereby prohibited, and no person shall sell, furnish, give, or cause to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21 years, and no person under the age of 21 years shall purchase any alcoholic beverage. Legal Citations Cal. Bus. & Prof. Code s (a) Except as otherwise provided in subdivision (c), every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. (b) Any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor. (c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor. (d) Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor. (e) (1) Except as otherwise provided in paragraph (2) or (3), any person who violates this section shall be punished by a fine of two hundred fifty dollars ($250), no part of which shall be suspended, or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. A second or subsequent violation of subdivision (b) shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed and is not attending school, or a combination of a fine and community service as determined by the court. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if

6 available, in the area where the violation occurred or where the person resides. (2) Except as provided in paragraph (3), any person who violates subdivision (a) by furnishing an alcoholic beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished by a fine of one thousand dollars ($1,000), no part of which shall be suspended, and the person shall be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school. (3) Any person who violates subdivision (c) shall be punished by imprisonment in a county jail for a minimum term of six months not to exceed one year, by a fine of one thousand dollars ($1,000), or by both imprisonment and fine. (f) Persons under the age of 21 years may be used by peace officers in the enforcement of this section to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors. Notwithstanding subdivision (b), any person under the age of 21 years who purchases or attempts to purchase any alcoholic beverage while under the direction of a peace officer is immune from prosecution for that purchase or attempt to purchase an alcoholic beverage. Guidelines with respect to the use of persons under the age of 21 years as decoys shall be adopted and published by the department in accordance with the rulemaking portion of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Law enforcementinitiated minor decoy programs in operation prior to the effective date of regulatory guidelines adopted by the department shall be authorized as long as the minor decoy displays to the seller of alcoholic beverages the appearance of a person under the age of 21 years. This subdivision shall not be construed to prevent the department from taking disciplinary action against a licensee who sells alcoholic beverages to a minor decoy prior to the department's final adoption of regulatory guidelines. After the completion of every minor decoy program performed under this subdivision, the law enforcement agency using the decoy shall notify licensees within 72 hours of the results of the program. When the use of a minor decoy results in the issuance of a citation, the notification required shall be given to licensees and the department within 72 hours of the issuance of the citation. A law enforcement agency may comply with this requirement by leaving a written notice at the licensed premises addressed to the licensee, or by mailing a notice addressed to the licensee. (g) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 272 of the Penal Code and Section of the Vehicle Code. 3. Underage consumption of alcohol Legal Citations

7 Cal. Bus. & Prof. Code s (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur: (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance. (2) The parent knowingly permits that child or other underage person, after leaving the parent's or legal guardian's home, to drive a vehicle. (3) That child or underage person is found to have caused a traffic collision while driving the vehicle. (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine. 4. False Identification for Obtaining Alcohol Beverages Use of a false ID to obtain alcohol is a criminal offense Penalty may include driver's license suspension through a judicial procedure Provision(s) targeting suppliers: It is a criminal offense to lend, transfer, or sell a false ID Retailer support provisions: Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older Retailers are premitted to seize apparently false IDs Specific Affirmative Defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid Legal Citations Cal. Bus. & Prof. Code s (a) Any person under the age of 21 years who presents or offers to any licensee, his or her agent or employee, any written, printed, or photostatic evidence of age and identity which is false, fraudulent or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor and shall be punished by a fine of at least two hundred fifty dollars ($250), no part of which shall be suspended; or the person shall be required to perform not less

8 than 24 hours nor more than 32 hours of community service during hours when the person is not employed and is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service, as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides. (b) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section of the Vehicle Code. 5. Drinking and Driving Legal Citations Blood Alcohol Concentration (BAC) It is illegal for a person under age 21 to operate: a motor vehicle with a BAC of.01% or higher. A motor vehicle with any measurable BAC, if the person is under age 18 It is illegal for any person to operate: a motor vehicle with a BAC of.08% or higher any vehicle requiring a commercial driver license (with or without a CDL issued to the driver) with a BAC of.04% or higher A motor vehicle with a BAC of 0.01% or higher at any age if the person is on DUI probation. Drivers of All Ages It is illegal to drive after consuming excessive alcohol in any form (including medications such as cough syrup), or taking any drug (including prescription medications), or using any combination of alcohol or drugs. DMV can take an administrative action against your driving privilege after you are detained or arrested and the court may take a separate action (suspend, revoke or delay the license) for the same offense. DMV s action is related only to your driving privilege. The court s action may involve payment of a fine, jail time, suspension, or revocation of your driving privilege and completion of a DUI program. When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs, or a combination of both. Under 21 Zero Tolerance for Alcohol Use. If you are under 21, you must submit to a preliminary alcohol screening (PAS) or one of the other chemical tests if you

9 have been detained and a peace officer has reason to believe you were drinking alcohol. If your BAC measures 0.01% or higher on the PAS, the officer may take your license, issue you a temporary license for 30 days, give you an order of suspension for one year, and then determine whether to release you, turn you over to juvenile authorities, or to contact your parents. You may request a DMV administrative hearing within 10 days. If your PAS showed a BAC of 0.05%, the officer may require you to submit to either a breath or blood test. Some PAS devices provide a record which may be submitted in court as evidence. Other PAS devices do not provide a record, so the officer may ask for a breath or blood test after the PAS. You do not have a right to consult with a lawyer before selecting or completing a test. If a subsequent test reveals a BAC of 0.05% or higher, the officer will issue you an order of suspension, arrest you for DUI (CVC 23140), and detain you until you can be turned over to your parents or juvenile authorities. If your BAC is 0.08% or higher, the peace officer may arrest you. (CVC or 23153).If the officer reasonably believes you are under the combined influence of alcohol and drugs and you have already submitted to a PAS and/or a breath test, you may still be required to submit to a blood or urine test because the breath test does not detect the presence of drugs. If you refuse to submit to any of the tests, your driving privilege may be suspended for the refusal. Even if you change your mind later and agree to a test, your driving privilege may be suspended for both reasons, although both actions will run concurrently. Court DUI convictions If you are convicted of driving with excessive BAC, or while under the influence of either alcohol or drugs or both (DUI), you may be sentenced to serve up to six months in jail and to pay a fine between $390 and $1,000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and is subject to storage fees. On the first conviction the court will suspend your driving privilege for six months and require you to complete a DUI program before you can be reinstated. The length of the program may vary. If your BAC was 0.15% or higher, and you already had a record of violations for other reasons, or you refused to submit to a chemical test, the court may order you to complete a nine- month or longer program. If your BAC was 0.20% or higher, and the court refers you to an enhanced DUI treatment program, your license will be suspended for 10 months. You could also be required to install an ignition interlock device (IID) on your vehicle. A court may also order you to install an IID if your BAC was 0.15% or higher, or you had 2 or more prior moving violations, or you refused a chemical test at the time of your arrest. An IID prevents you from starting your vehicle if you have any alcohol on your breath. If anyone was injured as a result of your driving, the suspension period is one year. In cases involving serious injury or death, you may be punished under California s Three Strikes Law. You also could face a civil lawsuit. All DUI convictions will remain on DMV s records for ten years. The courts and/or DMV may impose more stringent penalties for subsequent violations during that period. A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of driving under the influence even without a BAC measurement.

10 Drivers 21 and Older DUI Programs and Restricted Licenses Completion of a DUI program is required for all DUI convictions. Generally, if you are over 21 and enroll in a DUI program, file a California Insurance Proof Certificate (SR 22), and pay the restriction and reissue fees, DMV will issue you a restricted driver license, which allows you to drive to/from work and during the course of employment (unless you hold a commercial driver license) and to/from a DUI program. However, if you would be considered a traffic safety or public safety risk if permitted to drive, the court may order DMV not to grant you a restricted driver license. Other actions against you may also prohibit the issuance of a restricted license. Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/revocation and either enroll in, or complete a period of time, a DUI program, you may obtain a restricted license to drive anywhere necessary, if you: Install an IID on your vehicle. Agree not to drive any vehicle without an IID. Agree to complete the prescribed DUI program. File an SR 22. Pay the reissue and restriction fees. 6. Hosting Underage Drinking Parties Section 25662(b) of California Business and Professions Code, Social Gatherings With Minors Consuming, provides peace officers the authority to seize alcoholic beverages upon lawful entry to a party where 10 or more minors are consuming. In addition, Section 272 PC, Contributing, applies if there are persons under age 18. Cal. Bus. & Prof. Code s (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. A second or subsequent violation shall be punishable as a misdemeanor and the person shall be fined not more than five hundred dollars ($500), or required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner's office, if available, in the area where the violation occurred or where the person resides. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent, responsible adult relative, or any other adult designated by the parent or legal guardian, or in pursuance of his or her employment. That person shall have a complete defense if he or she

11 was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) Unless otherwise provided by law, where a peace officer has lawfully entered the premises, the peace officer may seize any alcoholic beverage in plain view that is in the possession of, or provided to, a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering by a parent or guardian of one or more of the participants. Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages within that period, those beverages may be destroyed. (c) The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section of the Vehicle Code.

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