Young people can face harsh penalties if they commit an alcohol-related offense, including being a minor in possession of an alcoholic beverage or unlawful consumption. High school and college students can also face an expulsion or change in placement during a disciplinary hearing at their school, college or university.
Defenses to the minor in possession offenses are found in Utah Code Section 32B-4-409(9). The penalties do not apply to the minors possession or consumption of an alcoholic product for medicinal purposes if:
In some cases, law enforcement officers in Salt Lake City, UT, will set up elaborate sting operations. The sting operations often occur outside sporting events or in bars and clubs where the officers can catch young people in possession of an alcoholic beverage.
If you were charged with being a minor in possession or another alcohol-related offense, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City.
With offices in Salt Lake City, our criminal defense attorneys represent clients charged with alcohol related offenses in Salt Lake County and the surrounding counties of Tooele County, Utah County, Wasatch County, Summit County, Morgan County, and Davis County. From our offices in Beaver County, we also represent clients throughout the western portions of Utah including Millard County, Iron County, Sevier County and Piute County.
Call (801) 532-5297 today.
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Utah Code Section 32B-4-409, superseded July 1, 2018, provides that it is unlawful for a minor child to purchase, possess or consume alcohol or have any measurable amount of alcohol in the body. Under Utah Code Section 32B-4-409, it is unlawful for a minor child to do any of the following:
For the purpose of purchasing or otherwise obtaining an alcoholic product for a minor as provided in Utah Code Section 32B-4-409(2), it is unlawful to do any of the following:
Utah Code Section 32B-4-409(4) provides that if a minor is found by a court to have violated this section and the violation is the minor's first violation of this section, the court may (but is not required to) impose any of the following penalties:
For a second or subsequent violation, Utah Code Section 32B-4-409(4)(b) requires the court to order the minor to do the following:
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If you are accused of possession or consumption of alcohol or for being in a bar and being under the age of 21, a conviction will result in your driver license being suspended for one year for a first offense. A second or subsequent conviction will result in a two year suspension.
For an offense that occurs when the driver is under the age of 16, the suspension of the driver's license begins on the date of the conviction but is extended for one to two years after the 16th birthday.
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The "Not a Drop" Act in Utah provides as follows:
After a suspension for a Not-A-Drop offense, before you will be allowed to reinstate your driving privileges, you must provide:
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Utah law imposes very serious criminal sanctions for underage drinking offenses such as:
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