Legal Question in DUI Law in Minnesota

Re: minor consumption

Take a look at Minnesota Statutes Sec. 340A.503. It is an affirmative defense to a charge of underage consumption that the underage person was in the household of the parent and consumed with the consent of the parent or guardian.

Your parents should look at Section 340A.90 of the same chapter of the statutes. Anyone injured by underage drinkers can sue those who provided the booze. In recent years there has been a lot of this type of litigation, including several wrongful death actions.

If the cops have reason to believe there is illegal activity going on, their authority to break down the door and ask questions later just got expanded by a recent supreme court decision.

Sounds as if you need a lawyer. My contact info is at http://www.mn-dwi.com.

Re: minor consumption

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).

Whether it is legal for police to break down a door if it locked, would depends on a number of facts not stated in the question. Police officers often claim "consent" even when they knock over someone who answered the door refusing them entry. Therefore, if police have to break down a door to gain entry, this should taken away any credibility to a claim of "consent" to entry. They would then need either a search or arrest warrant, or an applicable exception to the constitution's warrant requirement.

For a good summary of protecting your legal rights when in contact with police, buy the DVD "Busted!" at:

http://www.flexyourrights.org/