Minor Transporting / In possession of Alcohol

In Massachusetts, under M.G.L. c. 138, § 34C, in order to be convicted of being a Minor in Possession of Alcohol, the Commonwealth must prove three things beyond a reasonable doubt. First, the Commonwealth must prove that the Defendant is under the age of 21 years old, second; that the Defendant knowingly possessed, transported, or carried on their person, any alcohol or alcoholic beverages, and third; that the Defendant was not accompanied by a parent or legal guardian. However, it is not enough for the Commonwealth to prove that the Defendant was near alcohol, or around other minors who were drinking alcohol. Without evidence that Defendant himself was actually in possession of alcohol, the Defendant is entitled to a finding of Not Guilty.

The first conviction for Minor in Possession of Alcohol carries the following potential penalties:

• Fine of no more than $50
• 90 day license suspension from the Registry of Motor Vehicles (RMV) ***likely to increase your car insurance premiums.

A second or subsequent conviction for this offense carries the following potential penalty:

• Fine of no more than $150

If you have been charged with being a Minor in Possession of Alcohol, contact our office immediately:

(617) 830-2188