Legal Question in Criminal Law in Minnesota

Possession or transportation of alcohol by minor

What Minnesota Statute prohibits transporting intoxicants in a vehicle by a minor (under age 21)? I have looked in the statutes extensively and it is either not there or I am looking in all the wrong places! Thanks.

Or is this just treated within the statute regarding possession of alcohol by a minor? If so, and the car is parked at the minor's own home, they can't be cited right?

Thanks for the help!


Asked on 8/26/05, 2:15 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Possession or transportation of alcohol by minor

Minnesota Statutes section 340A.503, Subd 3 makes possession of alcoholic beverages under 21 a crime, if "intent to consume it a place other than the household of the person's parent or guardian..." I'm not aware of a statute specifically addressing "transportation of ..." but presumably transporting would include possession. (Look for a statute or city ordinance number on the ticket, or crimonal complaint.) Note that this statute applies to "under 21," not just minors (under 18). As for what can be "cited," that matter is within the police officer's discretion initially. Later, if it is a weak charge a defense lawyer may be able to shoot it down.

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Answered on 8/26/05, 4:23 pm


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