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Alabama minor in possession laws

In Alabama, minors who possess, consume or transport alcoholic beverages may face criminal prosecution under the state’s minor in possession laws. People who are between the ages of 18 and 21 who are charged will face penalties in adult court, while people who are juveniles are not subject to incarceration in adult jails.

Alabama’s statute concerning a minor in possession of alcohol provides that those who are charged and subsequently convicted face fines between $25 and $100 dollars. Convicted people may also be incarcerated in jail for up to 30 days as a penalty for the offense if they are 18 or older. Juveniles who are convicted of minor in possession may be held for any incarceration period in a juvenile detention facility if so ordered by the judge.

Under certain circumstances, a minor who is in possession of alcohol is not subject to prosecution under the statute. A minor who is 19 or older may legally serve alcoholic beverages as a member of a professional restaurant wait staff. Others may be employed as a host or hostess, cashier or busboy in an establishment that legally sells alcoholic beverages.

Alabama law treats a minor in possession of alcohol rather seriously if they are not in possession of the alcohol for work purposes. A person who is convicted of minor in possession faces possible detention or incarceration as well as a fine. Convicted people will additionally have a criminal record as a result. Minors who are accused of possession or consumption of alcohol may benefit by seeking the advice of a criminal defense attorney as soon after they have been charged as possible. There are possible defenses to such a charge, and an attorney may be able to identify available defenses upon a careful review of the facts of a case.

Source: FindLaw, “ALA CODE § 28-1-5 : Alabama Code – Section 28-1-5: MINIMUM AGE FOR PURCHASE, ETC., OF ALCOHOL; EMPLOYMENT OF UNDERAGE PERSONS BY BOARD LICENSEE“, November 12, 2014

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