Legal Repercussions

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Legal Repercussions

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Facts On Adolescent Binge Drinking › Consequences › Legal Repercussions

Legal Repercussions

The legal ramifications for drinking underage, or supplying alcohol to underage youth, vary by state. A person supplying alcohol to a minor (person under 21 years of age), or who allows alcohol or drugs to be used by a minor when he/she is in a position to prevent that use, may be liable for damages resulting from the minor's impairment and also may be arrested. For example, a person who supplies alcohol to minors or hosts a party where drinking is allowed could be assessed for significant damages if the minor, driving while impaired, causes a car crash inflicting injury to himself or others or to property.

California has a zero tolerance law. The legal maximum Blood Alcohol Concentration (BAC) is 0.01% for drivers under 21. Less than one-half of a beer would put most teens over the legal limit.

Within the state of California, the following legal consequences can result for both youth and adults:

CRIMINAL CHARGE	CRIMINAL PENALTY	CITATION
DUI for Minor	Minors with alcohol levels in excess of 0.05: alcohol education program (fee required), suspension of license until the earlier of program completion or turning 21 and participation in Youthful Drunk Driver Visitation Program. For any person (including minors) with a blood alcohol level of .08 or more: 48 hours to 6 months in jail and/or fine up to $1,000. Probation, if Granted: 3 to 5 years. Driver's License: With probation: 90 days restriction. Without probation: Suspend 6 months and until DUI Program completed. DUI Program: 30 hours or more over a 3-month period. (45 hours over 6 months if B.A.C. 0.20% or if chemical test refused.) Vehicle: May impound vehicle up to 6 months and/or require ignition interlock.	Cal. Veh. Code §§23140, 23502, 23508 Cal. Veh. Code §§ 13352(a)(1), 23152, 23536 and 23538
Purchase or Possession of Alcohol by a Minor	Mandatory fine of at least $250, or 24-32 hours of community service.	Cal. Business & Professions Code §25658(b)
Purchasing or Furnishing Alcohol for a Minor	Mandatory fine of $1,000 and at least 24 hours of community service.	Cal. Business & Professions Code §25658(a)

A parent encourages his daughter to host a party at home, believing that it’s “safer” to have the party at his own home. He purchases a few six packs of beer, knowing some guests will be underage.

The consequences: For the misdemeanor conviction of providing alcohol to a minor, the adult can be sentenced to community service and fines of up to $1,000, even on a first offense. Worse, the adult can be charged with contributing to the delinquency of a minor, even if the minor is your own child, and will face up to a year in jail, five years probation and a $2,500 fine.

The California Department of Alcoholic Beverage Control (ABC) has also developed an innovative liquor law enforcement program, called TRACE, to enforce underage drinking laws. TRACE (Target Responsibility for Alcohol Connected Emergencies) is a partnership between local law enforcement and the California Highway Patrol that provides ABC officers to help determine where and how the alcohol was obtained in alcohol-related incidents involving minors. This process may result in legal consequences for persons who sold or furnished alcoholic beverages to minors, and/or administrative sanctions for liquor establishments involved in the selling or furnishing of the alcohol.

As of December 2004, ABC conducted 41 TRACE investigations involving 25 deaths and 30 serious injuries. Eight arrest/warrants were issued, and eight administrative actions have been filed against ABC licensees. The work of the TRACE program has received recognition from the National Highway Traffic Safety Administration and the National Liquor Law Enforcement Association.

References

Library Watch on Substance Use and the College Campus. Fall 2002. http://www.projectcork.org/newsletters/library_watch/2002/fall/html/College.html