In the pictures the 20-year-old former Hannah Montana star can be seen holding onto a white, open bottle of what appears to be Malibu. The lid is held in her hand.
Next to Miley a friend is clearly seen holding an open bottle of Jack Daniels. The legal age for drinking alcohol in the US is 21.
Still partying? The night that Miley Cyrus left a
Hollywood Halloween party with Benji Madden she also took home a bottle
alcohol, as seen in new photographs on Sunday
That's not lemonade: In California you have to be be 21-years-old to drink and buy alcohol
MailOnline exclusively revealed that the 20-year-old was seen 'making out' with rock star Benji at a Halloween party on Thursday.
While Miley - who was dressed in a breast flaunting Lil Kim costume - tried to cover her face, she made no effort to conceal the white bottle.
While drinking alcohol in a car is illegal in California, it is allowed in vehicles registered as limousines.
Hiding the wrong thing: The 20-year-old star
covered up her face but no the bottle as they left West Hollywood,
California, nightclub Bootsy Bellows on Thursday
While Miley has been romantically linked to to others this time around she was seen locking lips with the Good Charlotte rocker.
Halloween hookup: Miley was spotted
kissing Benji inside the club, MailOnline
can exclusively reveal
According to an onlooking the pair hit it off quickly: 'They seemed really into each other.'
'Soon they were flirting and talking very closely. Then they shared a kiss. They left Bootsy Bellows together around 1 am,' an eyewitness who was at the event tells MailOnline.
Leaving together: That's Benji (right) with his makeup washed off and Miley (left) with her purple Lil' Kim wig still on
However, Benji may not be the only one helping the Wrecking Ball singer get over her Australian ex.
A few eyebrows were raised on Tuesday when rapper and actor Romeo Miller aka Lil' Romeo posted a picture on his Instagram hugging Miley.
Not the only one: Benji may not be the only man
helping the Wrecking Ball singer get over her Australian ex with the
star also pictured in an embrace with rapper Romeo Miller aka Lil' Romeo
Romeo captioned the image: 'Missed this girl. Babooski @mileycyrus #blurredlines #bangerz #getitright #dayone.'
Miley has also been romantically linked to Theo Wenner, son of Rolling Stone owner Jann Wenner.
Safety in numbers: The source reveals the star
hoped that by taking all her friends in the same car it would not look
like she left with Benji
We see you!: The singer tried to keep a low profile as she left the Hollywood club on Halloween