Legal Question in Criminal Law in Minnesota

underage drinking with my parents

I am 18, and was drinking with my parents at our house.I then got picked up by a friend and went to a party that was about two blocks away from my house.my parents were not at this party. The cops came and I received a minor, can this happen since the alcohol I drank was with my parents?


Asked on 6/17/09, 5:21 pm

2 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: underage drinking with my parents

Underage consumption of alcoholic beverages is regulated by Minnesota State Statute 340A.503. It is an affirmative defense to the charge of underage consumption that the beverage was consumed in the parent's home with the parent's consent. Since it is a defense, that means that you would get charged with the crime by the police and it would be up to you to go to court and defend yourself based on this exception. This must be proven by a "preponderance of the evidence" standard. If alcohol was at the party where you received the citation, it may be difficult, but not impossible, for you to prove that the alcohol that you drank was at your parent's home vs. the party.

TS

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Answered on 6/18/09, 11:56 am
J. Chris Carpenter Harvey and Carpenter

Re: underage drinking with my parents

Underage consumption of alcoholic beverages is regulated by Minnesota State Statute 340A.503. It is an affirmative defense to the charge of underage consumption that the beverage was consumed in the parent's home with the parent's consent. Since it is a defense, that means that you would get charged with the crime by the police and it would be up to you to go to court and defend yourself based on this exception. This must be proven by a "preponderance of the evidence" standard. If alcohol was at the party where you received the citation, it may be difficult, but not impossible, for you to prove that the alcohol that you drank was at your parent's home vs. the party.

TS

Read more
Answered on 6/18/09, 11:56 am


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