By Donna Ortlieb, Esq. and Natalie Banach
Featuring a white lounge chair atop sparkling sand, the gentle lapping of azure blue waves on the shore, palm trees slightly swaying and of course, a refreshing bottle of Corona in hand; its a television commercial thats recognized nationwide.
This Corona advertisement is just one of the thousands of alcohol-related commercials produced every year – many with the intention of selling goods and making profits. While average Americans may find themselves wishing they were on that beach with a bottle of Corona, its not okay for minors to be indulging. The prevalence of underage drinking is widespread and a variety of misconceptions exist regarding minors, alcohol, and the law.
Every year the statistics on underage drinking are staggering – in 2002, 1.5 million youths ages twelve through seventeen met criteria for admission to alcohol treatment, and about 2 million ages twelve through twenty reported drinking five or more drinks on occasion. What is even more disturbing is that these numbers are accompanied by an ever-increasing ignorance of the laws governing minors and the possession of alcohol. Unfortunately, it can be difficult to understand the legal jargon related to a minor in possession charge (the term most often associated with underage drinking), especially since different states can have different laws.
With the enactment of the National Minimum Drinking Age Law in 1984, Congress requires that all states – in order to receive state highway funds – prohibit anyone under the age of twenty-one from purchasing or publicly possessing alcohol. However, the particulars of the subsequent state laws that were enacted turned out to be a little more complex. The following unravels some of the myths regarding minor in possession charges and provides legal information about each:
Myth: Im underage, but as long as I stay under the 0.08% limit Im fine, right?
Fact: Its true that according to the law, intoxication is defined as having a blood alcohol concentration of 0.08% or higher. But what most minors dont realize is that this only applies to individuals who are twenty-one or older. It is illegal for a minor to have any alcohol in their system whatsoever. Just staying within the 0.08% limit is not an excuse to drink. Thus, if a law enforcement officer sees a minor drinking, even if its just a sip of beer, they can cite that individual for being a “minor is possession”.
Fact: While it may be true that the porch is private property it’s also true that it is still illegal for a minor to possess alcohol. If an officer sees you drinking on some place like a front lawn or driveway, you could be given a ticket for possessing alcohol if you’re underage. The idea here is that there really is no excuse for anyone under age to possess alcohol. The law is very strict when it comes to minors in possession and there are very few exceptions. In some states, there are particular allowances for minors regarding the purchase or consumption of alcohol (In Georgia minors are allowed to buy alcohol for religious services), but these are rare and are accompanied by a variety of specifications.
Fact: If a law enforcement officer sees an individual intoxicated, they can give them a ticket; if that person is underage, they can also be given a minor in possession ticket.
The tests for public intoxication essentially deal with an individual’s ability to walk in a straight line, stand without falling, remembering where they are at a given moment, and essentially being able to take care of themselves. Law enforcement officials can look at everything from speech patterns to odor, but they do not have to check for a minimum blood alcohol content. If a police officer can prove an individual had enough alcohol in their system that they were subsequently incapable of taking care of themselves, they can issue a public intoxication citation, and if they find out that person is underage, that’s another citation.
Fact: This scenario is somewhat complicated. Normally, a minor is not allowed to be in possession of any alcohol, including while driving the streets and highways. However, the law does have an exception: the law does not apply to minors that are transporting alcohol by order of a parent, responsible relative, legal guardian, designated adult, or employer. Driving with a twenty-one year old “best friend” that is in possession of alcohol is a situation could boil down to the discretion of the officer if you are stopped. Because the friend might not be considered one of the exceptions to the law, the occupants of the vehicle will more than likely be required to prove that there was no intent for the minor to consume any of the alcohol found in the vehicle. In a situation like this, it’s a good Idea for the minor’s guardian to know that his or her child is driving with someone that is in possession of alcohol.
Tags: minors, underage drinking