Starting in 1984, the National Minimum Drinking Age Act said that federal funds would be withheld from states if they did not all set their minimum drinking age at 21 years of age. Now, most states have very strict drinking and alcohol-possession laws regarding minors. When a minor commits an alcohol-related offense, it can have a major impact on his or her life.
First, some states have “zero-tolerance” policies in place, which mean that minors are not even allowed to drive with a blood alcohol content, or BAC, under.08. However, the definition of zero-tolerance differs from state to state. For instance, New York allows minors to drive with a BAC below.02. This is because minors may choose to drink for family or religious functions, and thus it is a private event. On the other hand, in Texas, any detectable amount of alcohol in a minor’s system while driving can result in a DWI or DUI charge.
Next, it is also illegal to sell alcohol to minors. However, some minors may have a fake ID that they use to purchase alcohol. If the information and description on the fake ID is consistent with the minor, then the seller may not be charged with a crime. Additionally, some states, like Iowa, have social host liability for minors. If a person allows a minor to drink at his or her home, then the minor causes an alcohol-related car accident while driving drunk, then the host can be responsible for part of the damages.
Additionally, there are several other alcohol-related crimes that can affect a minor, including:
- Purchase of alcohol or attempt to purchase alcohol
- Consumption of alcohol
- Driving under the influence
- Minor in Possession of Alcohol (MIP)
- Buying alcohol for a minor
- Misrepresentation of age (fake ID)
- Employment of minors in an establishment that sells alcohol
If you or someone you know is a minor who has been charged with an alcohol-related crime, you may be able to get your charges reduced or even dismissed with the help of an experienced attorney.