Underage consumption of Alcohol

UNDERAGE CONSUMPTION OF ALCOHOL 

One of the most common offenses committed by persons under 21 years of age is underage drinking. Whether it’s for the social aspect, experimentation, or another reason, underage drinking occurs on a regular basis both on college campuses and off of them. Unfortunately, underage drinking can have serious consequences on the offender and possibly even the supplier of the alcohol. Convictions in court related to underage drinking can result in harsh penalties, including fines, license suspensions, jail time, and a permanent criminal record. 

What New Jersey Law Says About Underage Drinking: 

New Jersey has a number of laws pertaining to underage drinking. These laws address underage drinking in a number of contexts. They also involve not only the underage drinker, but also those who serve the alcohol to the minors. Here are a few of the basic New Jersey underage drinking laws pertaining to the underage drinkers themselves. 

1. Possession of Alcohol by a Person Under the Age of 21 on Public Property, in a School, or in a Motor Vehicle 

• New Jersey State Law may not prohibit underage drinking on private property in some instances, it is a fact that most municipalities throughout the state have enacted laws prohibiting such. The state does however prohibit underage drinking almost everywhere else, including all public property such as parks and ball fields, schools and all school-owned property, and in all motor vehicles, including those that are not running at the time. The alcohol container need not be open. It should be noted that  some towns have a local ordinance prohibiting having an open alcohol container in public. 

2. Underage DWU/DUI 

• Since 21 is the legal drinking age in New Jersey, it logically follows that nobody under the age of the 21 should be allowed to operate a motor vehicle with alcohol in their system. New Jersey has a law that states exactly this. Anyone under 21 who operates a motor vehicle with a BAC (Blood Alcohol Content) of over .001% will be guilty of underage DWI. Furthermore, if the under-21 individual operates a motor vehicle with a BAC over .008%, the adult legal limit, they are also be subject to adult sentences, which are far more severe than underage DUI sentences. 

What Penalties Can An Underage Individual Face If Convicted 

of Underage Drinking? Underage Drinking is a serious offense. Many young individuals do not fully understand the consequences of their actions and the possible implications that may arise from drinking. Municipal Court hears all cases involving disorderly persons’ offenses, a group of crimes which underage drinking is considered a part of. All individuals between the ages of 18 and 21 who are charged with underage drinking will have their case heard in a New Jersey Municipal Court. For possession of alcohol charges, these individuals may potentially face penalties of up to six months in jail, up to $1000 in fines, mandatory participation in an alcohol education program, community service, and other costs/fees if they are found guilty. This applies to underage possession of alcohol on public property, in schools, and purchasing alcohol underage at a licensed premises, among other basic alcohol possession crimes. It is also important to note that if the underage drinking offense was committed in a motor vehicle, the defendant may also be subject to a six month suspension of their license, or if they do not have their license, a six-month delay in receiving their license when they apply for it. Additionally, as a Stockton student you will face campus administrative charges resulting from this arrest. 

Underage DUI is another crime tried in Municipal Court. This crime provides slightly different penalties for those convicted. As previously mentioned, the legal alcohol limit for drivers is .008% BAC. However, since those under 21 are not allowed to drink, an underage DUI can be given to anyone under 21 who has a BAC of .001%. The law has provided penalties strictly for those who are under the legal limit, but are underage and therefore are not allowed to have any alcohol in their system at all. Therefore, those with a BAC of .001 to .008 will be found guilty of underage DUI and subject to different penalties than those with a BAC above .008. Those with a BAC under .008 found guilty of underage DUI will be subject to a 30-90 day license suspension or delay, community service of 15-30 days and mandatory attendance in an alcohol education program. Underage individuals who are convicted of a DWI/DUI with a BAC above .008 will be subject to adult DWI/DUI penalties, which include up to 30 days in jail, 12-48 hours of community service, a three-month license suspension, a fine of $250 - $400, as well as other penalties and other costs/fees. 

What Type of Liability Can a Person Face For Allowing Underage Drinking to occur at their residence? 

Many of our students live off campus in houses rented in local neighborhoods. Many times these students will invite some other students over to their house for party. They are probably not aware of the significant penalties they may be subject to for not only supplying underage persons with alcohol, but also by simply allowing them to drink in their home. New Jersey has strict laws that prevent those over the age from serving, supplying, or hosting underage drinking. If an adult is found supplying, serving, or 

hosting underage drinking, they will be tried in New Jersey Municipal Court and subject to harsh penalties at the discretion of the judge. These include imprisonment of up to six months, up to a $1000 fine, community service, other fines/costs, and other penalties. The penalties will become much greater if that party host is charging underage students to drink at their house. 

Not only can the off campus students be criminally liable for breaking this law, but also civilly liable under what New Jersey calls “Social Host Laws”. These laws basically state that the host may be found liable for any accidents that may occur after an underage drinker leaves their premises. This means that if you allow underage individuals to drink on your property, you may be liable to a third party injured by a tort committed by the underage drinkers. One of the most typical examples is when an underage drinker leaves the house and gets into a car accident, resulting in the injury of a third party. The third party can then turn around and file a civil suit against the adult host of the underage drinking. In addition, New Jersey Host laws state that the adult host can also be found liable for the injuries to the underage drinker themselves. Clearly New Jersey has intended for broad laws to hold parents and other adults liable for supplying alcohol to minors. Simply stated, know the law, know your liability and then make your responsible decision realizing the consequences of underage alcohol laws and social host liability.