Here’s what you need to know: The mandatory minimum fine for a minor consumption ticket is $100 in Minnesota — but it can cost up to a maximum of $1,000. Factors such as age, prior offenses, your BAC, whether or not you were driving, and cooperation with law enforcement can influence the fine amount.
It’s important to note that paying a fine is just one consequence of a minor consumption charge. Additional consequences could include losing your driving privileges, increased insurance premiums, and even jail time. In many communities, officers also notify the minor’s school, which can have disciplinary consequences as well. And if the charge remains on your record into adulthood, you could face the collateral consequences of a criminal record, making college admissions, scholarships, and employment more difficult to obtain.
Underage drinking laws in Minnesota
Minnesota has a zero-tolerance policy on underage drinking. The Minnesota alcohol laws for minors (340A.503 of the Minnesota Statutes) and underage drinking and driving laws (169A.33 of the Minnesota Statutes) are known as the “Not-a-Drop” laws.
They state that it is illegal for anyone under the age of 21 to:
- Consume any amount of alcohol.
- Possess an alcoholic beverage if they had the intent to drink it — if a minor possesses alcohol outside their parent’s home, the law presumes that the minor had the intent to drink it, and the minor would have to challenge this presumption in court.
- Misrepresent their age in an attempt to buy alcohol. Using a fake ID or claiming you are older than 21 in an attempt to buy alcohol is illegal. To buy alcohol in Minnesota, you must have valid, government-issued identification, such as a driver’s license, passport, or military ID.
- Drive with any measurable amount of alcohol in their system.
If a minor is caught driving with a BAC level under .08 percent, their driver’s license will be suspended for a minimum of 30 days. If the minor’s BAC level is .08 percent or higher, the violation is considered underage DWI, and the minor will be subject to full DWI license suspensions regardless of age. And if the BAC level is .16 percent or higher, or it is the second or third offense within 10 years, the offense is enhanced to a gross misdemeanor which is subject to higher penalties.
For legal purposes, a person is not considered 21 until 8:00 a.m. on their 21st birthday.
Violating the underage drinking laws in Minnesota (in any of the above ways) is classified as a misdemeanor criminal offense, which carries a maximum penalty of 90 days in jail and/or a $1,000 fine.
What if an adult buys or gives a minor alcohol?
Unless you are the minor’s parent or legal guardian, it is illegal to supply a minor with alcohol. This is a crime called furnishing alcohol to a minor, and it states that you may not:
- Serve or sell alcohol to a minor
- Give a minor your ID to purchase alcohol
- Persuade a minor to purchase alcohol
If you provide alcohol to a minor, you will face criminal consequences — not to mention increased insurance rates and the collateral consequences of having a criminal record.
If the minor causes any damages as a result of being intoxicated, you will be held responsible. If the minor dies as a result, you can face felony charges.
However, if the minor used a fake ID, and you could not have known the person was underage, you would not be charged with a crime.
How long does a minor consumption stay on your record in Minnesota?
If you are charged with minor consumption, you will have to appear in court. There, it will be decided whether the charge stays on your record or not.
A criminal record has consequences beyond paying the initial fine or making your court appearance. A criminal record can affect college admissions, extracurricular activities, scholarships, internships, and future employment opportunities.
The good news? You can fight a minor consumption charge.
Defenses and exceptions to minor consumption
The first step is to hire an experienced lawyer. They’ll help you navigate this situation so you can secure the best possible future for yourself.
Here are some strategies your lawyer might use to defend your case:
- Alternative resolutions: Your lawyer can negotiate with the prosecutor to achieve alternative resolutions to minor consumption charges through agreements known as continuances for dismissal or stays of adjudication. This means that there is no formal conviction, and if specific conditions are met, the charge will eventually be dismissed.
- Non-consent for PBT test: The State relies upon PBT test results to show that the minor had alcohol in their system. Your lawyer may be able to prove that the PBT test was completed without the minor’s full consent — for example, if the officer demanded or persuaded the minor to take the test.
- Consuming alcohol in the parent or guardian’s home: If the minor can prove they consumed the alcohol at home with their parent or guardian’s consent, then it is legal. This is an affirmative defense, which means you must prove up the defense. The state is not required to disprove it. However, this exception does not allow the consumption of alcohol outside of your own home — a minor cannot drink at a friend’s house even with their parents’ permission.
- Diversion: A minor may avoid a conviction by participating in a diversion program: community service, alcohol education courses, and remaining law-abiding for one year. If successful, the ticket will be dismissed.
- Educational purposes with supervision: Another exception is if the purchase is for research or educational purposes, as long as adult supervision is involved. However, the state liquor licensing authority must be notified beforehand.
- Reporting an emergency: A minor has immunity from being charged if they call 911 to report that someone needs medical assistance for an immediate health or safety concern. The caller must stay on scene, cooperate, and provide their name and contact information. The goal is to avoid minors from being afraid to call 911 in case of an emergency because they don’t want to get a minor consumption ticket. The person needing medical assistance is also immune from prosecution.
If you’ve been charged with underage drinking, you need a lawyer who can secure your future
The consequences of a criminal record have a lasting impact. You don’t want to look back at this time and wish you had done more to secure your (or your child’s) future. Hiring a lawyer helps ensure the best outcome possible.
The first step is a consultation — and with us, it’s free. You have nothing to lose and everything to gain by giving us a call.
