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Underage drinking Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by apandasmith, Jul 30, 2014.

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  1. apandasmith

    apandasmith Law Topic Starter New Member

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    Hello,
    I am 28 years old and have 3 coworkers who moved in together. One of the 3 roommates is 27, one is 24, and the other is 19.

    The overage roommates are partiers and have house parties nearly every night at their house, with the underage coworker also drinking. As an overage guest at their house, would I be subject to legal citations/fines, or am I as a (n overage) guest free from liability? I fully understand that the 2 overage roommates are subject to fines/jailtime for supplying the alcohol to the minor (at least I believe so).

    Thank you,
    XYZ
     
  2. mightymoose

    mightymoose Moderator

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    You have no liability here.

    The 19 year old may not even be breaking the law.

    If under 21 it is illegal to purchase alcohol or possess it in public, but the consumption law does not apply to what is done in the privacy of the home.

    It would be in everyone's best interest to ensure that any underage drinkers remain in the home or within any fenced yard not accessible to the public. Those who provide the alcohol could be held responsible for what the underage person does if they go into a public area.

    By underage I am primarily referring to adults 18-20. Minors under 18 can legally drink alcohol with parental permission and supervision.
     
  3. army judge

    army judge Super Moderator

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    Here are the laws in AZ relevant to underage alcohol consumption and possession, OP.
    You might want to be very wary, if you visit those people.
    In many cases, the 19 or 18 year olds will attract 17 and 16 year olds.
    Then 16 and 17 year olds will likewise attract the 15 and 14 year olds.
    Things then can get very difficult at that house.
    The liquor could flow like the lies.



    In Arizona, it is illegal for any person to sell, furnish, dispose of or give, or cause to be sold alcohol to a person who is under 21.


    Providing alcohol to a minor is a class 1 misdemeanor.
    A conviction could result in a maximum penalty of $2,500 fine, 6 months in jail, and 2 years probation.
    You will also have a permanent criminal conviction on your record.
    If your job includes serving alcohol to patrons, it is likely that a conviction will drastically affect your employment.
    Also, if you are a teacher, or intend on becoming a teacher, a conviction of furnishing alcohol of a minor could lead to serious long term consequences.




    Drinking and Possessing Alcohol

    Arizona allows people under 21 to be in a bar if they are accompanied by a parent, spouse or legal guardian who is 21 years or older, but the minor is not allowed to order an alcoholic beverage.
    Minors Consuming Alcohol in Public

    It is illegal for a person under the age of 21 to consume alcohol in public unless one of the following exceptions applies:

    Liquor may be consumed by a minor if it was for a legitimate medical reason and does not endanger the health or safety of the public. Arizona Revised Statute 4-226
    Liquor may be consumed by a minor in conjunction with a religious exercise or ceremony if it does not endanger the health or safety of the public. Arizona Revised Statute 4-249

    Minors Illegally Obtaining Liquor

    If you are under 21 and provide a fake id to obtain alcohol illegally from another person, you will be charged with a Class 1 misdemeanor offense. The penalties include:

    up to six months in county jail, and
    a fine of up to $2,500.

    Arizona Revised Statute Section 4-241L

    If you are under 21 and ask someone else to purchase, sell, or give you alcohol, you will be charged with a Class 3 misdemeanor offense. The penalties include:

    up to 30 days in county jail, and
    a fine of up to $500.

    Arizona Revised Statute Section 4-241M

    If you are under 21 and use a fake id or use the identification of another person to gain entrance to a place licensed to sell alcohol, you will be charged with a Class 1 misdemeanor offense. The penalties include:

    up to six months in county jail, and
    a fine of up to $2,500.

    Arizona Revised Statute Section 4-241N

    In addition to the above penalties, the court can suspend your driving privileges for up to 180 days.

    Law enforcement in Arizona can be extremely tough on minors consuming alcohol.
    Being convicted of a Minor in Consumption of Alcohol can have serious consequences, including:

    - Up to 2 years suspension of driver’s license
    - Fines and court costs
    - Community Service
    - Alcohol Awareness Classes
    - Possible Jail Time
    - Misdemeanor Conviction on Criminal Record


    http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=4
     
  4. disagreeable

    disagreeable Well-Known Member

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    The bottom line is it is foolish to even keep alcohol in an apartment where a minor (under 21) can access it unless it is securely locked up. Anything less invites potential charges.
     

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