Minor in Consumption of Alcohol
Are You Under the Age of 21 and Accused of Consuming Alcohol?
In order to legally consume alcohol, you must be at least 21 years of age. Anyone under that age is considered a "minor" by Kansas law (particularly in these types of situations) and therefore becomes vulnerable to adjudication or conviction. Just because a young person is accused of underage alcohol consumption doesn't make that individual is a bad person—he or she might have simply made a mistake due to peer pressure, or the situation might have simply arisen out of a misunderstanding or out of false allegations. Whatever your circumstances are, it is in your best interests to work with a capable criminal defense attorney after receiving such allegations. At Gigstad Law Office, LLC, we have a competent Overland Park criminal defense lawyer who can help you challenge your accusers in court. With our law firm's help, you might be able to avoid being adjudicated or convicted, which means you could avoid having this criminal offense on your record.
Kansas Law on Underage Drinking
Under Kansas law (K.S.A. §41-727), individuals under the age of 21 are prohibited from consuming alcoholic liquor or cereal malt beverages, unless it is authorized due to certain legal exceptions. Individuals who are found guilty of this offense can be subject to expensive fines and other penalties. Underage drinking is considered a juvenile crime for individuals who are under the age of 18. Upon adjudication, these individuals can receive a fine valuing between $200 and $500. If the offender is at least 18 years old but younger than 21 years old, he or she can be charged with a Class C misdemeanor and sentenced to a fine of $200, upon conviction.
Other possible penalties include 40 hours of public service, the order to complete program that teaches about the effects of alcohol and other substances and a driver's license suspension. The offender can receive a 30-day suspension for a first-time offense, a 90-day suspension for a second-time offense and a one-year suspension for a third-time or subsequent offense.
It is important for individuals under the age of 21 to know that they can actually be at risk of facing a more serious offense if they are shown to have operated a vehicle after consuming alcohol. This could result in the individual being charged with an underage DUI charge rather than a charge for minor in consumption of alcohol. According to Kansas' statutes, a law enforcement officer can request a person who is under age 21 to take a preliminary breath test if that officer suspects the individual to have been driving and driving. DUI penalties are more severe than the penalties given for underage drinking.
Defense Strategies
When you turn to our law firm, we look closely at all the details of your case, including any evidence that prosecution is likely to use against you. We look at whether law enforcement officers carried out the correct procedures in searching you and your property and in making an arrest. If they did not, this can potentially help you get your case dismissed. We also help you explore your various defense options and use the ones that provide you with the greatest benefit.
Here are a few defenses that we might be able to use to get you acquitted of your charges, or to get them dismissed or reduced:
- You possessed the alcohol but never actually consumed it.
- You were near the alcohol, but you neither possessed it nor consumed it.
- The beverage you consumed did not contain alcohol.
- You consumed the beverage but had no way of knowing that is was alcoholic.
- You were mistaken for someone else who was drinking the alcohol.
- You had parental permission and supervision.
Contact Our Overland Park Criminal Defense Attorney
While this might be a very stressful time for you, it is important to remember that there is help available. We can provide you with a free consultation so that you can receive initial legal advice free of charge. After learning more about your case, you can decide what your best options are for moving forward.
We work hard to aggressively protect our clients' rights. Contact our firm today!
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Testimonials
Client-Centered Legal Represntation
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"Phenomenal from start to finish."I recently worked with the team at Gigstad Law Office, LLC, and I highly recommend them. Their expertise and experience were evident throughout the entire process. They were flexible with my schedule and thoroughly answered all my questions. They achieved a very positive outcome for my case.Kenia A.
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"I Was Incredible Thankful for the Services I Received During My DUI Case"I was incredible thankful for the services I received during my DUI case. Not only was Robert responsive, helpful and efficient, he was very respectful to my time and communicated with me constantly. I could always count on if I sent him something I would know what to expect by the next day. Chris maintained an exquisite level of professionalism and tack when dealing with my case. I never once felt like he was treating me as just another case and would recommend his services to anyone.Brantley
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"Robert Assisted Me in Doing Something I Didn't Know Was Possible"Robert assisted me in doing something I didn't know was possible - finally putting a bad decision I made 14 years ago behind me. Although I appreciated his professional and respectful approach to his work, I hope I never need his services again. If I do however, I would not hesitate to call him.DUI Client
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"Upfront, honest, and helpful."Gigstad Law Office, LLC was upfront and honest about my situation, giving realistic predictions about the penalties I could expect. They took care of court dates and helped navigate the unfamiliar territory of getting a DUI. Money well spent for peace of mind.Mel
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"He Is Very Adept at Guiding You to the Very Best Scenario for Your Particular Situation"I highly recommend Mr. Gigstad for your legal needs. He is very adept at guiding you to the very best scenario for your particular situation. He helped my husband and I with a case that would have required us to travel to Kansas had we not hired him. He made it possible for us to stay here in Florida as he went to all of our court appearances, negotiated so we would receive the lightest possible court penalties, including negotiating for the lowest fine that the court would accept. As a bonus, Mr. Gigstad is extremely reasonable! If you would like to get the best outcome for your case, hire Mr. Gigstad!Lindy
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"Extremely Responsive, Straight Talking Attorney That Carries Himself like None I Have Ever Used"Extremely responsive, straight talking attorney that carries himself like none I have ever used in the past. Treated me like he was providing a service, rather than doing me a favor by taking my case. Gave me his opinion of my case and his recommendation on how he would approach it but let me make the final decisions. In the end he negotiated a deal with the prosecuting attorney that was better than I thought possible. Zero jail time and minimum fines totaling $250(maximum was $2500). Now, 6 months later he was able to get all of my remaining probation time terminated for good behavior. During that time he also helped out with a lease agreement for a rental property, and a bid contract. Considering the level of service I received and the results I got, in the future I won’t use anyone else.Criminal Defense Client
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"I Would Definitely Use Him Again and Would Recommend Him to Any of My Friends"I found this attorney through a website and saw his outstanding rating from other clients but was a little nervous. I met him at his office and was very impressed by his knowledge and professionalism. He won my case and I could not of been happier. I would definitely use him again and would recommend him to any of my friends! Thank-you again Mr. GigstadRonald
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"Great to work with!"Mr. Gigstad was upfront and professional about what I would be facing from the very beginning. He worked to help me understand the situation and found the best available outcome for me, considering. I would hope if I ever need legal representation again I would be in the hands of someone as professional and experienced as Mr. Gigstad.Former Client
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DISMISSED STATE OF KANSAS V. J.M.
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DISMISSED CITY OF OVERLAND PARK V. H.C.
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Dismissal City of Gardner v. J.V.
First-time DUI dismissed after Attorney Josh Zarse highlighted significant issues in the case.
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Dismissed before Trial. State of Kansas v. G.E.
1st Time Drug DUI & Speeding. Dismissed before Trial.
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All Charges Dismissed City of Roeland Park v. B.T.