Halloween is approaching, and for teens, that often means attending parties that may involve underage drinking instead of going trick-or-treating. If you or your teen hosts a party where alcohol is served by you or brought in by one of the attendees, be aware that you, your child, and their friends could face a number of charges if caught by local law enforcement. These state and local laws include:
minor in possession (MIP) for the underage drinkers
furnishing alcohol to minors
other related offenses
For some areas that have enacted stricter local regulations, social host laws can hold the hosts, including parents, criminally responsible.
Be especially cautious now during the pandemic, when alcohol sales in Georgia are up. Revenues from alcohol sales tax increased by almost 25% from July 2019 to July 2020, according to theGeorgia Department of Revenue. More alcohol in houses can mean more access for teens.
Before you or your child hosts a party with underage drinking, know the law.
Teens Face Criminal Record and Jail
As an attendee at a party with underage drinking, a teen could be charged with a MIP. In the state of Georgia, any person under the age of 21 who is caught drinking, in possession of alcohol (including possession by consumption), or even attempting to purchase alcohol can be arrested for MIP or given a ticket. In some areas, a police officer can arrest a minor with only probable cause of suspected drinking.
A MIP charge is a misdemeanor in Georgia. For the first offense of minor in possession of alcohol, the maximum penalty is a fine of $300 plus surcharges and up to six months in jail. Subsequent convictions, or charges of either furnishing alcohol to someone under 21 or attempting to purchase alcohol while under 21, can carry penalties up to $1,000 in fines and up to 12 months in jail. A conviction also means a criminal record and can affect school records as well.
Receiving a ticketinstead of being arrested does not mean the offense is less of a big deal. In most cases, these are still misdemeanor offenses and can result in a permanent entry on an individual’s record.
Parents or Other Adults Can Be Criminally Charged Under Social Host Ordinances
Several counties and municipalities have social host laws that go further and allow law enforcement to charge a party host with providing a place for underage drinking. Penalties can include fines, community service, and even jail time for repeat offenders.
Under many local laws, hosts, parents, or property owners can be charged if they knew or should have known about a party or gathering where underage drinking was taking place but failed to take reasonable steps to prevent underage alcohol possession or consumption.
Austell, Acworth, Kennesaw, Cherokee County, and unincorporated Cobb County are among the municipalities that have enacted stricter social host ordinances.
Contact the Experienced Teen and Young Adult Defense Attorneys at Ghanouni
If you (or your child) have been arrested, given a MIP ticket, or charged with violating a social host ordinance, the experienced criminal attorneys at Ghanouni Teen & Young Adult Defense Firm can help. Contact us for a Defense Strategy Meeting.
Underage drinking parties pose significant public health risks. They are high-risk settings for binge drinking and associated alcohol problems, including impaired driving. Young people who drink are often introduced to heavy drinking behaviors at these events.
It is dangerous because it: Causes many deaths. Alcohol is a significant factor in the deaths of people younger than age 21 in the United States each year. This includes deaths from motor vehicle crashes, homicides, alcohol overdoses, falls, burns, drowning, and suicides.
There are risks involved if you choose to provide alcohol or allow young people to drink at the party. As the legal host, you're responsible for providing a safe environment and could potentially be held liable if anything goes wrong – even after the party, if guests leave drunk.
High blood pressure, heart disease, stroke, liver disease, and digestive problems. Cancer of the breast, mouth, throat, esophagus, voice box, liver, colon, and rectum.
It's usually a misdemeanor criminal offense for anyone who's underage to purchase, consume, or possess alcohol. Especially if it's a first-time offense. Punishment for a conviction may include fines, attending alcohol counseling or classes, performing hours of community service, and driver's license revocation.
drinking too much alcohol (sometimes called binge drinking) wanting to drive after drinking. unprotected or non-consensual sex. drink spiking. drug overdose or alcohol poisoning.
The worst dinner party hosts will: Not provide enough food, drinks, or utensils. Provide bad food or drinks. Ask guests to bring and/or pay for their food and drinks for non-potluck dinner parties.
Risky partying can have long-term effects too. If you regularly drink too much alcohol or use drugs, then you risk developing serious health conditions (cancer, cirrhosis of the liver, brain damage), memory loss or sexual dysfunction.
Frequent heavy use is associated with low self-esteem, depression (which is probably related to greater suicide attempts among underage drinkers), conduct disorders, antisocial behavior, dependency on other drugs and tobacco, and anxiety (Brown and Tapert, in press).
Advertisem*nts influence underage drinking by showing drinkers in beautiful or fun scenarios. The three major factors that influence underage drinking are the attitudes of peers, family, and the media.
Children who drink alcohol can act drunk, just like adults do. They might stagger when they walk, speak without making sense, or seem sleepy. They might vomit because alcohol can irritate the stomach. Breathing and heart rate might slow down to a dangerous level.
Under California law, social hosts are generally not responsible for injuries caused by a driver of legal age. However, parents, guardians, or other adults who knowingly furnish alcoholic beverages at their residence to someone under 21 can be found to be responsible for injuries or death.
Don't starve yourself or leave your stomach empty. Eating before a party can reduce the rate at which your body absorbs alcohol, allowing you to avoid feeling drunk from the start of the party. Some foods, such as pickles, olives, and other mildly salty foods, may help in the prevention of hangovers.
Substance use can impair perception, cognition, attention, balance, coordination, and other brain functions necessary for safe driving. Driving while impaired by drugs or alcohol has been linked to reckless driving, car crashes, and fatal accidents.
Exposure to alcohol while the brain is still developing can lead to long-term emotional problems and difficulty with learning, planning and memory. This can ultimately limit a young person's ability to reach their full potential, including at school, study, or work.
Lowering MLDA 21 to 18 will irresponsibly allow a greater segment of the population to drink alcohol in bars and nightclubs, which are not safe environments. The right to drink should have a higher age of initiation because of the dangers posed by drinking. MLDA 21 reduces traffic accidents and fatalities.
Underage drinking is a serious problem. Alcohol is the most commonly used and misused drug among youth in the US. The average American girl has her first drink at age 13 and for boys, it's age 11. It can also have long-term effects.
Introduction: My name is Edwin Metz, I am a fair, energetic, helpful, brave, outstanding, nice, helpful person who loves writing and wants to share my knowledge and understanding with you.
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