Vista DUI Lawyer and Criminal Attorney Peter M. Liss

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Is it Legal for Minors to Buy Kombucha and Drive?

June 1, 2018 Written by Jill Harness and Edited by Peter Liss

Last Updated on September 10, 2024

is kombucha legal for minors to drink before driving?

Kombucha is a lightly fermented drink that has recently become trendy for its health benefits. But because the beverage is fermented, could it be safely consumed by a teenager, and if so, could they drink it before driving a vehicle? While it may be ok to consume due to its low alcohol content, attorney Peter M. Liss urges minors to avoid drinking kombucha before driving or be prepared to face underage DUI charges.

Kombucha’s Alcohol Content

Commercially prepared kombucha can contain anywhere from .5-2% alcohol, and home-brewed versions can have much more. Additionally, kombucha should be refrigerated, or the product may continue to ferment, further increasing the alcohol content. However, the ingredients in kombucha only allow the brew to get up to around 3% alcohol content at most.

Do You Have to be 21 to Buy Kombucha? Can Kids Drink it?

Generally speaking, minors cannot buy the product if it has over .5% alcohol by volume (ABV). However, many cashiers are unaware that the product contains alcohol and sell it to minors anyway. Additionally, some parents buy or make stronger kombuchas for their children.

Sometimes, the alcohol percentage stated on the bottle is lower than what the product actually contains —Whole Foods even had to recall a batch when it was discovered to have nearly six times the amount of alcohol stated on the label.

Can Kombucha Get a Minor Drunk?

Assuming a minor drank quite a few kombuchas at 3% alcohol by volume in a short amount of time, a teen could get drunk on the substance, especially if she was particularly petite and didn’t eat before drinking. But most of the beverage’s fans aren’t drinking the strongest possible product, nor are they downing glass after glass. It’s unlikely even a petite female drinking the substance on an empty stomach would really be drunk after one glass of kombucha with 1% alcohol.

Can a Minor Get a DUI After Drinking Kombucha?

Minors should avoid drinking kombucha before driving because even if they are not remotely drunk, they could still violate the state’s zero-tolerance law, which prevents underage drivers from operating a car with a BAC of even .01%. That number is pretty easy to reach —even after drinking something as low in alcohol as kombucha.

Can You Drink Kombucha and Drive?

Even an adult could get a DUI after drinking multiple glasses of a particularly strong brew. Always drink even low-alcohol brews responsibly, no matter what your age. Also, remember that the law doesn’t distinguish what causes the intoxication, so never try to defend yourself against drunk driving accusations by saying you were only drinking kombucha. Instead, ask to speak with your lawyer before you say anything to the police.

Also, remember that if you previously received a DUI and have an ignition interlock or alcohol monitoring device, it could be activated by the alcohol in kombucha.

If you or your child has been accused of drunk driving, Peter Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

Filed Under: CRIMINAL DEFENSE, DUI / FELONY DUI, Traffic Stops, JUVENILE CRIME Tagged With: dui, alcohol, juvenile crimes, minor in possession, juvenile drinking laws, zero tolerance

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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified criminal defense attorney.