Cars, Youths, and Booze: 3 Common Things (that You’ve Probably Done) that Are Actually Crimes

Growing up you may have done some things that you aren’t necessarily proud of today but which, at the time, were considered a rite of passage. In fact, so common among your own friends were some of the things you did that even today, if you were to see your own children doing them, you would be inclined to turn a blind eye, reluctant to deprive them of a formative experience that can help them form friendships and better relate to other people.

Well, before letting your “kids be kids,” you should be aware that certain things one might call “innocent fun” would be more accurately described as a crime against the state.

1. In Some Instances, Letting a Minor Drive Your Car Is a Crime

If you are the registered owner of your car, you can lend it to whomever you wish. However, if the person you permitted to borrow your car (say, a friend or a relative) then lends the vehicle to a minor — without your permission — then that person can be charged with a violation of Penal Code section 193.8: the unlawful relinquishment of possession of a vehicle to a minor.[i] Note: a minor is a person who is under the age of 18.[ii]

The unlawful relinquishment of possession of a vehicle to a minor is a crime and can be punished as either an infraction or a misdemeanor.[iii] If charged as an infraction, the penalty is a fine of up to $250.[iv] If filed as a misdemeanor, the offense is punishable by a fine of up to $1,000, up to 6 months in jail (or a juvenile facility if under 18), or both jail time and a fine.[v]

Why can lending a car to a minor also be punished as a misdemeanor? Because …

You can also be charged with Penal Code section 193.8 if you lend your car to:

• A minor who you know, or should know, is intoxicated;[vi] OR
• A minor who has previously been convicted of, or has previously had a juvenile petition sustained against him for, a DUI or DUI-related crime.[vii]

In either situation, you can be charged with unlawful relinquishment of possession of a vehicle to a minor, regardless of whether you are the vehicle’s registered owner or whether you are just borrowing someone else’s car.[viii]

One instance where Penal Code section 193.8 can arise is when an intoxicated, underage driver is involved in a hit and run and admits to police that someone else allowed him to borrow the car. The minor can be charged with DUI and hit and run. The adult may be charged with unlawful relinquishment of possession of a vehicle to a minor.

Whether authorities charge the offense as an infraction or misdemeanor will depend on several factors including, but not limited to, the egregiousness of the adult’s and minor’s conduct, the adult’s own criminal record, and the strength of the corroborative evidence.

There is another reason to hesitate before lending your car to a minor:

2. An Unaccompanied Beer Run Can Be a Misdemeanor for Persons Under 21

You may know that you cannot have an open container of alcohol in your car,[ix] and that it is illegal to drink alcohol while driving a vehicle.[x] Both of these violations are infractions[xi] and are punishable by a fine of up to $250.[xii]

But did you know that it is a misdemeanor for a person under the age of 21 to have an alcoholic beverage in the car?[xiii] Under Vehicle Code section 23224, It does not matter whether the youth is the driver or a passenger,[xiv] or whether the alcohol was opened or unopened.[xv]

Fortunately, there are exceptions to this rule.

• First, to be guilty of this crime, the person under 21 must be aware that there is an alcoholic beverage in the car.[xvi]
• Second, a person under 21 is free to transport alcohol in a car so long as he is accompanied by a parent or other responsible adult.[xvii]
• Third, even if unaccompanied, a youth can avoid culpability if he can show that in transporting the alcohol he was simply following, in a timely manner, the reasonable instructions of his parent or other responsible adult.[xviii]
• Fourth, no crime has occurred if the youth works for a business licensed to sell alcohol and transporting alcohol is part of his job.[xix]

If none of these exceptions apply, then the youth is guilty of a misdemeanor and can be punished by up to 6 months in jail (or a juvenile facility if under 18), a fine of up to $1,000, or both jail time and a fine.[xx] A conviction also brings collateral penalties:

• The youth’s driver’s license will be suspended for 1 year.[xxi]
• If the youth, or someone else under the age of 21 is the registered owner of the car, then the car can be impounded for up to 30 days at the owner’s expense.[xxii]

3. Persons Under 21: If You Ask Adults to Buy You Alcohol, the DMV Will Suspend Your Driver’s License

Sometimes, persons under 21 will wait outside of liquor stores or grocery stores and ask unsuspecting adults to purchase alcohol for them. The youths may be surprised to learn that persons under 21 who try and purchase alcohol themselves, with or without a fake ID, are guilty of an infraction.[xxiii]

As punishment, their privilege to drive will be suspended or delayed (if they don’t yet have a license) for 1 year.[xxiv] In addition, they will be subject to a fine of approximately $250 or, in the alternative, 24 to 32 hours of community service at a local coroner’s office or drug/alcohol treatment facility.[xxv]

It is also a crime to loiter[xxvi] outside of a restaurant that sells alcohol and ask patrons to buy you drinks. [xxvii] Doing so is a misdemeanor under Penal Code section 303a and is punishable by up to 6 months in jail (or a juvenile facility if under 18), a fine of up to $1,000, or both jail time and a fine.[xxviii] Note: Both persons under 21 and adults can be prosecuted for this crime; however, a conviction will not result in a license suspension.[xxix]

If a youth actually succeeds in persuading an adult to buy him alcohol, the youth can also be charged with Business and Professions Code 25662, being a person under 21 in possession of alcohol, which is punishable as an infraction[xxx] or a misdemeanor.[xxxi] This additional conviction will permit the judge to impose an added penalty: another fine of $250 or an additional 24 to 32 hours of community service.[xxxii] A conviction for Business and Professions Code 25662 will also result in a 1-year delay in, or suspension of, a youth’s privilege to drive.[xxxiii]

Adults who help minors — that is, persons under the age of 18 — acquire alcohol are also at risk of criminal charges. Buying alcohol for a minor can be construed as a violation of Penal Code section 272, also known as contributing to the delinquency of a minor. This is because the act of giving alcohol to a minor makes the minor guilty of the crime of being a person under 21 in possession of alcohol.[xxxiv] Contributing to the delinquency of a minor is a misdemeanor that brings with it a fine of up to $2,500, up to 1 year in jail, or both jail time and a fine.[xxxv]

Conclusion

Mischievous behavior by youths may be innocent, but it may not always be legal. Always be sure to think twice before lending out your car, permitting a beer run, or buying alcohol for a youth. Just because you got away with it when you were a kid doesn’t guarantee that they will.