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Underage Drinking and Fake ID Laws in California

How California law treats underage drinking and fake ids: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A person under 21 who buys alcohol, or drinks alcohol in a bar or other on-sale premises, or possesses alcohol on a street, highway or any public place, commits a misdemeanor punished by a $250 fine or 24 to 32 hours of community service (up to $500 or 36 to 48 hours for a repeat). Cal. Bus. & Prof. Code 25658(b), (e), 25661, 25662; Cal. Veh. Code 23224, 13202.5; Cal. Penal Code 17(d), 19.8

Underage drinking and fake IDsA person under 21 who buys alcohol, or drinks alcohol in a bar or other on-sale premises, or possesses alcohol on a street, highway or any public place, commits a misdemeanor punished by a $250 fine or 24 to 32 hours of community service (up to $500 or 36 to 48 hours for a repeat). Presenting a false or borrowed ID to buy alcohol, or possessing a fake ID, by a person under 21 carries the same penalties. These offenses may also be charged as infractions. A driver under 21 may not knowingly carry alcohol in a vehicle, and a passenger under 21 may not possess it, unless accompanied by a parent, guardian or designated adult or working for a licensee; this is a misdemeanor (up to 6 months and/or $1,000), and the vehicle may be impounded for up to 30 days. For listed alcohol and drug offenses committed at ages 13 to 20, the court must suspend the driving privilege for one year (or delay a first license by one year).
Read on leginfo.legislature.ca.gov (browser) on 2026-10-27. Purchase/on-sale consumption: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=25658; fake ID: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=25661; license: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=13202.5. The list of offenses in 13202.5(d) was not read in full. The Judicial Council's 2026 Uniform Bail and Penalty Schedules (https://www.glenn.courts.ca.gov/system/files/forms-and-filings/ubps-2026-final.pdf) list a $250 base fine (about $995 total) for 25658(b) and 25662(a); schedule amounts are bail/penalty amounts with assessments, not statutory maximums.

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FAQ

What happens if you are caught drinking under 21 in California?
A person under 21 who buys alcohol, or drinks alcohol in a bar or other on-sale premises, or possesses alcohol on a street, highway or any public place, commits a misdemeanor punished by a $250 fine or 24 to 32 hours of community service (up to $500 or 36 to 48 hours for a repeat). Presenting a false or borrowed ID to buy alcohol, or possessing a fake ID, by a person under 21 carries the same penalties. These offenses may also be charged as infractions. A driver under 21 may not knowingly carry alcohol in a vehicle, and a passenger under 21 may not possess it, unless accompanied by a parent, guardian or designated adult or working for a licensee; this is a misdemeanor (up to 6 months and/or $1,000), and the vehicle may be impounded for up to 30 days. For listed alcohol and drug offenses committed at ages 13 to 20, the court must suspend the driving privilege for one year (or delay a first license by one year).
Can I get a court-appointed lawyer for underage drinking and fake ids in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for underage drinking and fake ids cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for underage drinking and fake ids in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for underage drinking and fake ids be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.