Legal Question in DUI Law in Minnesota

Re: Minor comsumption penalties

This will vary a lot from county to county and from judge to judge.

With any luck he will just have a fine. I would expect no jail time, although he may be asked to do a day or two of county work squad called "Sentence to Serve." He may also be asked to undergo an assessment to determine if he is an alcoholic, and he will probably be asked to attend a class informing him about what alchohol does to the human body. Often they want him to attend a MADD meeting as well.

Good luck. For info on what would have happened if he had been driving, go to my page at http://www.mn-dwi.com/underage.html.

Re: Minor consumption penalties

Persons under 21 are prohibited from consuming alcoholic beverages except when in parent-guardian's home, with their consent. Minor Consumption, Minn Stat � 340A.503, subd 1(a)(2). The maximum sentence for a misdemeanor crime is 90 days jail and $1,000 fine. Drivers license revocation for underage drinking conviction, Minn Stat �171.173.

He did not have to blow into a breath-alcohol machine, since he was not driving; nor did he have to admit drinking or say anything. A lawyer could help him avoid a criminal conviction record and a drivers license record for this. Call me if you'd like help with this.