Friday, October 16, 2009

DUI Charges: Underage Drinking at Halloween Parties


























What are the laws about underage drinking? State by states, there are specific laws regarding possessing, purchasing, furnishing, and consuming alcohol. There are also specific laws about hosting an underage drinking party.

Possessing Alcohol

In all 50 states, minors under the age of 21 are prohibited from possessing alcohol. There are variations and exceptions in some states.

The NIAAA (National Institute on Alcohol Abuse and Alcoholism) explain that possession really describes ‘internal possession’. It is not necessary for a police official to see the minor holding alcohol or being in the presence of alcohol. It is necessary for law enforcement to confirm this ‘internal possession’ through a “blood, breath, or urine test.” Obviously, if a law enforcement official observes alcohol around minors who appear to be ‘under the influence’ of that alcohol, it is very likely that young person will be tested.

Purchasing Alcohol


Most states, but not all states, “prohibits minors from purchasing or attempting to purchase alcoholic beverages.”

Furnishing Alcohol


All fifty states prohibit furnishing minors with alcohol. Commercial servers (i.e., bars, restaurants, and retail sales outlets) and non-commercial servers may not furnish alcohol to minors. Some states do allow a parent or a guardian to furnish their child with alcohol. Usually, this must only happen in the private residence of this parent or guardian. If a minor is married, whether or not his or her spouse is of legal age, some states allow the spouse to furnish this alcohol to the minor.

Hosting an underage drinking party


There are many prohibitions against a person of legal age hosting an underage drinking party. Hosting can be defined to include “property they own, lease, or otherwise control.” Those hosts who allow drinking on their property and who supply the alcohol that is either possessed or consumed by the minor could be in violation of two different laws. The adult who violates this law could be criminally responsible and also be exposed to civil liability. For example, if a minor consumed alcohol on their property, whether or not it was provided by the adult, and a drunk driving accident occurred, the adult could be sued for “monetary damages associated with the motor vehicle crash.” The adult might face a “fine or imprisonment.”

How to find the underage drinking laws for your state


To see specific laws for your states on all these various statutes, please visit NIAAA’s page called “State Profiles of Underage Drinking Laws.” Some of the topics covered include underage possession of alcohol, underage consumption of alcohol, internal possession by minors, underage purchase of alcohol, furnishing of alcohol to minors, minimum ages of on-premises servers and bartenders, minimum ages for off-premises sellers, false identification for obtaining alcohol, blood alcohol concentration limits as applied to drivers, keg registration, loss of driving privileges for alcohol violations by minors, and prohibitions against hosting underage drinking parties.
resource:  theexaminer.com

1 comment:

Unknown said...

Fascinating stuff. Squeamish? Bah. I read it while I was eating breakfast. Disgusting and morid..But fascinating.

Best Attorney