Legal Harms

Some parents believe it’s OK to host underage drinking parties when adults are home. Some older siblings don’t see the harm in allowing little brothers and sisters to drink. The reality is both can cause physical harm to our kids and both may have legal consequences for those under and over age 21.

If the health consequences of underage drinking aren’t enough to change your mind, perhaps the law will.

For those under age 21

• It’s illegal to have ANY alcohol in your body if you’re under age 21.
• It’s a class 3 misdemeanor if you are under age 21 and solicit another person to purchase, sell, give, or furnish you with alcohol.
• It’s unlawful to drive or be in physical control of a motor vehicle or motorized watercraft if you’re under age 21 and there is ANY alcohol in your body.
• Presenting fake IDs when under age 21 in order to be sold, served, or given or furnished alcohol, or to gain entrance into a licensed establishment, is a class 1 misdemeanor.
• Possessing open alcoholic beverages can result in misdemeanor charges and a heavy fine for anyone under age 21.
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For adults of legal drinking age

• It’s illegal to give or sell alcohol to someone under age 21. Penalties include a maximum fine of $2,500 plus 80 percent surcharge, and a maximum jail sentence of 6 months.
• Adults and parents who knowingly misrepresent the age of minors so they may be served liquor before turning 21 are guilty of a class 1 misdemeanor. A judge may suspend the adult’s driver’s license for 30 days on a first conviction and for six months the next time.
• It’s a class 1 misdemeanor for parents and adults to knowingly serve alcohol to non-family guests whom they “know or should know” is underage age 21. You may be liable in civil litigation if those minors are injured in an alcohol-related accident.
• It’s unlawful for an employee to accept gratuity or compensation of any kind for:
  • allowing someone under age 21 to enter an establishment
  • selling or giving alcohol to someone under age 21
• It’s illegal for retail employees to sell alcohol to a person of any age if that customer intends to resell the liquor to someone under age 21.
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