California Business & Professions Code Section 25658.2 BPC: Permitting Consumption Of Alcohol By Minor Children With Subsequent Vehicle Collision

1. Definition and Elements of the CrimePermitting Consumption Of Alcohol By Minor Children With Subsequent Vehicle Collision

In certain circumstances, a parent can be charged criminally for allowing his or her minor child to consume alcohol or drugs in the parent’s home. Under California Business and Professions Code Section 25658.2 BPC, permitting one’s minor child to consume alcohol or controlled substances in the home and then allowing the minor to drive is a misdemeanor offense, when there is a subsequent vehicle collision.

To prove up a violation of California Business and Professions Code Section 25658.2 BPC, a prosecutor must be able to establish the following elements:

  1. The defendant was a parent or guardian of a minor
  2. The defendant knowingly permitted his or her child or a minor in the company of the child or both to consume an alcoholic beverage or use a controlled substance
  3. The defendant allowed this consumption at his or her home
  4. As a result of the consumption, the minor child or other minor had a BAC of 0.05 percent or greater or was under the influence of a controlled substance.
  5. The defendant knowingly permitted the child or other minor to drive a vehicle after leaving the defendant’s home
  6. AND that child or minor caused a traffic collision while driving the vehicle.
2. Related Offenses

Other similar or related offenses include:

  1. Contributing to the Delinquency of a Minor – California Penal Code Section 272 PC
  2. Selling or Furnishing an Alcoholic Beverage to a Person Under 21 – California Business and Professions Code Section 25658(a) BPC
  3. Driving Under the Influence of Alcohol – California Vehicle Code Section 23152(a) VC
  4. Driving Under the Influence of Drugs – California Vehicle Code Section 23152(f) VC
3. Examples

A man allows his high school age son drink alcohol with his friends at the family home. The man does not purchase the alcohol, but is aware the minors are drinking and knowingly permits this activity to occur. After drinking with his friends one evening, the man’s son informs his father that he and his friends plan on driving to a nearby fast food restaurant. The man does not try to stop the boys from driving and, in fact, tells them to pick up an order for him. On the way back from the drive-through, the son crashes his car. His BAC is found to be 0.06 percent. In this scenario, the father could be charged criminally under California Business and Professions Code Section 25658.2 BPC.

4. Defenses to Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision

In order to be convicted of this offense, the defendant must have knowingly permitted the minor child in question to both consume alcohol in the home and to then drive a motor vehicle. If either of these acts were done without the parent’s knowledge, he or she would not be criminally liable for this offense.

5. How Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision Cases Are Defended

Charges under this Business and Professions Code section may be pursued after teenagers or other underage drinkers cause a serious vehicle collision and the parents of the driver are seen to be complicit in the underage driver’s intoxication.

The parent may be cited for this misdemeanor offense and would be expected to appear in court for his or her arraignment. If the case is unable to resolve, the matter would proceed to trial where a jury would be empaneled and ultimately charged with returning a guilty or not guilty verdict. A skilled criminal defense attorney will challenge each element of the offense and show why the parent should not be held criminally responsible for the actions of the underage drinker.

6. Penalties

A parent or legal guardian convicted of violating California Business and Professions Code Section 25658.2 BPC will be sentenced to a maximum year in jail or a $1,000 fine, as this is a misdemeanor offense.

7. Criminal Defense for Permitting Consumption of Alcohol by Minor Children with Subsequent Vehicle Collision Cases

If you have been charged with this crime, it is very important that you discuss your situation with a Los Angeles Criminal Defense Lawyer as soon as possible. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who possesses the skills and expertise required to effectively defend clients charged with this offense.

For more information about permitting consumption of alcohol by a minor child with a subsequent vehicle collision, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.