With the Prom and Graduation Season once again upon us, celebrations of all types are being planned by and for the young adults in our community. For this reason, we take this opportunity to review some of the laws that concern the issue of under-aged drinking and the consequences that may follow should any alcohol-related incidents occur. (JRP)

MINORS AND ALCOHOL

            Penal Law Section 260.20 (2), which defines the crime of the Unlawfully Dealing with a Child in the First Degree, provides that it is a Class A Misdemeanor to give, sell or cause to be given or sold any alcoholic beverage to a person less than twenty-one years old. There is an exception for a parent or guardian who provides alcoholic beverages to his or her own child. However, there is no exception or defense for a person who gives or sells alcohol to an under-aged person with the understanding the under-aged person was merely acting as an “agent” for someone else.

            Penal Law Section 260.21(1), which defines the crime of Unlawfully Dealing with a Child in the Second Degree, provides that it is a Class B misdemeanor for an owner, leasee, manager or employee of a place where alcoholic beverages are sold or given away to permit a child less than sixteen years of age to be present unless the child is accompanied by a parent or guardian or there are local laws or other special circumstances provided in the statue that permit children to be present in the establishment.

            Under Alcohol Beverage Control Law Section 65-b, a person who uses a false identification to purchase alcohol can be punished with a fine of up to $100 and/or up to 30 hours of community service. In addition, the person’s privilege to drive can be suspended for 90 days if his or her license is used to purchase alcohol unlawfully.

            Under Alcohol Beverage Control Law Section 65-c, it is also unlawful for a person under the age of twenty-one to possess any alcoholic beverage with the intent to consume it unless the alcohol was given to the under-aged person by a parent or guardian or as part of a properly licensed educational curriculum. Any person who unlawfully possesses an alcoholic beverage can be summoned to court and, if a determination is made sustaining the charge, can be fined up to $50, ordered to complete an alcohol awareness program and/or perform up to 30 hours of community service. In addition, if the police observe an under-aged person in possession of an alcoholic beverage, they are authorized to seize the alcohol and destroy it unless ordered not to by the Court.

            Finally, in addition to any possible criminal liability that may be incurred because of under-aged drinking, the “Social Host Law”, defined in General Obligation law Section 11-100, provides that a person who is injured my a minor who is intoxicated my sue for the resulting damages any person who knowingly provided the alcohol to the minor.

MINORS, ALCOHOL AND MOTOR VEHICLES

            Since July 1, 2003, the threshold blood alcohol content (BAC) for per se Driving While Intoxicated is set at .08%. It is a misdemeanor to operate a motor vehicle in an intoxicated condition or with a BAC of .08% or more or while impaired by drugs; if it is a traffic violation to operate a motor vehicle when impaired by alcohol. A misdemeanor is punishable by a fine between $500 - $1000, by imprisonment of up to one year or by both fine and imprisonment. A violation is punishable by a fine between $300 - $500, by imprisonment of up to fifteen days or by both a fine and imprisonment. In addition, the driver’s license of a person less than twenty-one may operate a motor vehicle after having consumed alcohol.

            For the purpose of the “Zero Tolerance Law”, a person is deemed to have consumed alcohol if his or her BAC is between .02% and .07%. Any person who operates a motor vehicle in violation of this section who is not charged under one of the DWI-related sections will still be referred to the Department of Motor Vehicles for an administration hearing and his or her license will be subject to suspension or revocation for a period of six months for the first violation and for one full year or until the person reaches the age of (twenty-one) which ever is longer) for any subsequent violations. A civil penalty of $125 will also be imposed. In addition, the license of any person under twenty-one who refuses to submit to a chemical test is subject to suspension or revocation for the same periods of time; however, the civil penalty for refusing to submit a chemical test is $350.

            Even if teenagers are not driving there are other restrictions that may apply to their conduct while in a motor vehicle. Vehicle and Traffic Law Section 1227(1) proscribes the consumption of alcoholic beverages by all occupants, passengers as well as drivers in most vehicles. The only exception is for passenger vehicles properly certified by the Public Service Commission or Interstate Commerce Commission. For the purpose of this section, a “passenger vehicle” is any vehicle, such as a limousine or bus, designed to carry ten or more passengers and used to carry passengers for profit for hire.

            If a limousine or bus does not have the proper certifications or permits and the passengers are drinking alcoholic beverages, then both the driver and passengers can be charged under this section. Of course, if the limousine is in compliance with the statue, but the under-aged passengers are consuming alcohol, the passengers may be subject to the provisions of ABC Law Section 65-c and the person providing the alcohol, whether the limo driver, parent or some other person, may be subject to prosecution for Unlawfully Dealing with a Child in the First Degree.