Liquor Laws: Help Me Make Sense of Them

powerss

Okay, so I'm trying to make sense of liquor laws.

This is California.

I'm 20 years old.

If I get pulled over, and for whatever reason (although I would never submit to a search) they find, say, a giftwrapped bottle of wine or liquor, am I fucked?

If I'm at a restaurant with my mother, is it legal for her to order two drinks, and hand one to me?

In the same vein, if I'm with people who are over 21 who order alcohol at a restaurant, and they then hand the drink to me, is this legal?

Fucking USA, god.

Shogun

#1) Quite possible

2) No

3) No

Althought 2 and 3 happen on what I would call a regular basis if you're discreet you should have nothing to worry about, but I still would not do it.

powerss

So my own fucking mother can't give me a drink in a restaurant?

How about in your goddamn home?

Dance Commander

I don't know about the legality of them giving you booze in the house, but I can assure you they would never, ever be charged with anything for it.
[edit]I was under the impression you grew up in Ca. Is this wrong?

powerss

I grew up and live in CA.

EggyToast

For 2, if your mom orders 2 glasses and there are 2 people there, she will card both people. If your mom orders a single glass and offers you some, they're not going to jump in and say "HEYSTOPTHATWEDIDN'TCARDHIM!" If someone at a restaurant orders an alcoholic beverage that is, for all intents and purposes, for you, and it's pretty obviously going to be for you, they're going to card you.

Yeah, it sucks. Too many "puritans" and just enough apathy from the "well I'm over 21 now so what do i care" group.

Filler Inc.

It's still illegal to drink alcohal in your own home, but the chances of getting caught are nill.

But say you have a beer, get pulled over for speeding, and they give you the test. You'll be given a DUI because you're under 21.

Mmmm... Cocks...

Filler wrote: »

But say you have a beer, get pulled over for speeding, and they give you the test. You'll be given a DUI because you're under 21.

Now I assumed this was true in every state(it is in mine, PA) but when I was down at senior week one hung over afternoon nobody wanted to change the channel on the TV. On was some safety thing for seniors about senior week and the cop on the TV mentioned if you're over such and such you'll get a DUI. I was shocked that it wasn't automatic, anyone know Maryland's laws on this to back this up?

Anyway, I know in some states you can transport liquor at like 18 sometimes, have no clue on CA.

That one might be a little urban legend type thing though - with special circumstances, again anyone back me up?

Filler Inc.

I've, and my family, been under the impression that any blood alcohal level in a person under 21 is considered a DUI.

Thanatos

Filler wrote: »

I've, and my family, been under the impression that any blood alcohal level in a person under 21 is considered a DUI.

It is in California, in any case.

Fallout

powerss wrote: »

So my own fucking mother can't give me a drink in a restaurant?

How about in your goddamn home?

No, because you are underage, and it is illegal for you to possess or consume alcohol.

Thanatos

Actually, in many states, it is legal in your own home. I'm not sure whether or not California is one of them, but I was under the impression that it is.

Fallout

I doubt it. I'm not certain a cop would care overmuch though unless you got rowdy.

Feral

California Business Code wrote:

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.

http://caselaw.lp.findlaw.com/cacodes/bpc/25657%2D25667.html

Shogun

I was under the impression it was legal as long as you were at home w/ parents, but not out in public.

Mmmm... Cocks...

Filler wrote: »

I've, and my family, been under the impression that any blood alcohal level in a person under 21 is considered a DUI.

http://dui.findlaw.com/dui/state-dui-law/maryland-dui-law.html

I'm really confused.. it says the Zero tolerance is .02 but... it.. then says "hey, cant have any"

Charles Kinbote

In New Mexico, land of the drunken driving (srsly, look it up. Most deaths in the country to it), the underage legal blood alcohol level is half a beer, whatever percentage that translates to.

Mmmm... Cocks...

Shankill Butcher wrote: »

In New Mexico, land of the drunken driving (srsly, look it up. Most deaths in the country to it), the underage legal blood alcohol level is half a beer, whatever percentage that translates to.

Looks like its the same as the Maryland one I just linked. I'm going to assume wherever you heard that from assumed half a beer doesn't really register. Which is pretty believable.

NP

Everything to know about the topic of underage drinking for every single state:

http://www.alcoholpolicy.niaaa.nih.gov/stateprofiles/

Pheezer

MateriaMaster wrote: »

Filler wrote: »

But say you have a beer, get pulled over for speeding, and they give you the test. You'll be given a DUI because you're under 21.

Now I assumed this was true in every state(it is in mine, PA) but when I was down at senior week one hung over afternoon nobody wanted to change the channel on the TV. On was some safety thing for seniors about senior week and the cop on the TV mentioned if you're over such and such you'll get a DUI. I was shocked that it wasn't automatic, anyone know Maryland's laws on this to back this up?

They measure the amount of alcohol in your system by blood alcohol content. Differing jurisdictions set the bar at different levels but in all there is a line drawn over which you are assumed to be intoxicated by virtue of your BAC level. The reason it isn't nil is that you CAN have one beer and one hour later drive a car, despite the fact that there are trace levels of alcohol in your blood. Or enjoy a single rum ball. Or use mouthwash in the manner recommended on the bottle.

Some jurisdictions are quite a good deal stricter than others, but the best policy is always to simply not drive home if you've been drinking. You'll know you're at the point where you shouldn't bother because you're actually debating the matter in your head. Cabbing home and then catching a bus to pick up your car the next day will be infinitely cheaper than getting busted for drunk driving, or crashing, or killing someone.

And yes, powerss, despite your absolute shock and dismay at the subject, you're not allowed to drink alcoholic beverages until you're 21, regardless of how you obtain them.

Pheezer

NP wrote: »

Everything to know about the topic of underage drinking for every single state:

http://www.alcoholpolicy.niaaa.nih.gov/stateprofiles/

And with that this thread is finished!