If alcohol is discovered in a California minor who is hospitalized, can they be arrested?

Question

And if they are arrested, wouldn't be after treatment?

Answer 1

Depends on the age? They can charge a minor with an adult crime who has a significant amount of alcohol in his blood stream! That is pretty much Prima Facie evidence that he was breaking the law! (prima facie evidence n. Law Evidence that would, if uncontested, establish a fact or raise a presumption of a fact.

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He of course would be treated and at some point might have to go to court under a JD petition! They would not be locked up!

The goal would be to get him treatment and arrange for no further access to booze, not to punish, unless this is a chronic issue!

Answer 2

Concerning alcohol, a minor can be an adult who is under the age of 21. Not to be confused with a minor in all other criminal matters. If someone is in the hospital, and alcohol is determined to be in their system, they can be charged with Minor in Possession.

The argument that it isn't illegal to drink underage, but only sell, furnish, or whaterver else was said in an earlier answer is not correct. It is not lawful for a minor to be in possession of alcohol, internally or externally. That is why if you are under 21 and blow anything on a breathalyzer, you are charged with a DUI as well as Minor in Possession.

Depending on your state, there are some instances where someone under the age of 21 can consume alcohol. Parents are often allowed to serve alcohol to their children in the home. Also, many states allow for a woman to consume alcohol at bars, clubs, etc if they are with their husband who is over the age of 21. For some reason though, it doesn't work if the ages are reversed.

Answer 3

I think they can be charged with public intoxication..but more than likely they will try and find out who gave the minor the alcohol to begin with....and no they would arrest first than they might determine treatment is needed...but the arrest would come first....

Answer 4

Don't argue with Mikeysco!

I don't know anyplace which makes "internal possession" a crime, and it certainly is not in California, which was the state referenced. Some police agencies tried to bolster their felony stats by charging those under the influence of drugs with "internal possession," but no prosecutor in California would file such a charge.

Moreover, in California it is illegal for a minor to possess alcohol only in a public place or place open to the public or on a street or highway. (Cal. Bus. & Prof. Code sec. 25662.) It is not necessarily illegal for a minor to drink in California, and there is no California crime committed by a minor based solely upon alcohol in his system. (Maybe that happens in other states, but the question asked about California.) I have never seen a minor charged with both DUI and MIP based upon alcohol in his system.

The one exception to the overall validity of Mikeysco's reply is that if the person involved was not only under 21, but also under 18, he would not go to jail but to juvenile hall.

Answer 5

The only thing that I can find is that they will receive a ticket not be arrested. If the department can accept minors then chances are yes they will be arrested probley for public intox.

Answer 6

As a matter of fact the latest I heard is that they will be arrested.

Answer 7

It is not illegal to drink underage.

It is illegal to sell, or serve alcohol to someone underage.

Answer 8

No your being paranoid again.