Underage But Adult Alcohol Consumption

[Armed and DWI]

Typically if United States police are called to a noisy hotel party where underage but adult alcohol consumption is taking place, and the police write down the names and information of the underage adults, but tell them to just leave at the end, nothing more will become of it, correct?

The individual who rents the hotel rooms (21 years) is issued a citation for providing alcohol to underagers. No other citations are issued at the time.

By the way I did indeed Search this forum but none of the posts were quite like this one. Sorry if you think it's repetitive.

[Dan]

what? Do you mean underage people drinking, but not getting hammered or something?

[txinvestigator1]

If your question is "will anything happen to those not cited?" probably not.

[Armed and DWI]

Dan wrote:

what? Do you mean underage people drinking, but not getting hammered or something?

No. I thought "underage" referred to "under 21 years" while "adult" referred to 18 years+". Am I wrong about this? So anyway I'm talking about people ages 18-20.

Investigator wrote:

If your question is "will anything happen to those not cited?" probably not.

Exactly what my question was. Thank you for your answer.

DC Law wrote:

If I catch minors with alcohol I always cite them. That includes those betwen the age of 18-21.

Do you cite them on the spot right there, or would you take their information and send the citation in the mail?

[neinta]

Cite on the spot and call mommy or daddy to come and get them, Or cite them and give them a ride to juvi (under 18, if they want them, or if they have previous records with juvi - includes up to 20 years old) or cite them and drive them home with the lights on so mommy and daddy know how much trouble they are in. The cops here have found that the embarassment of the parents being woken up in the middle of the night to a cop with their drunk child, along with any punishment mom and dad provide, is more effective that going to juvi jail.

[Armed and DWI]

Thank you for all the responses -

but any more comments for drinking when they are NOT minors but still not 21?

[neinta]

Mine applies to if the are 18-20. If they are that age and have a previous record with Juvi, they go to juvi. If they don't, then they are cited and released to their parents. They have to appear on the ticket and it's like a 2,500$ fine. I know because my sister is 19 and a big drinker.

[spyman]

Originally posted by DC Law
They'll get a ticket right there. And it'll be a mandatory court appearance.

Just takes a few minutes after I photograph and dump their alcohol.

I take it you didn't have a drink when you were a teenager?

[txinvestigator1]

The age of majority in most states is 18. Neinta, under what authority do the police in your state drive an adult to their parents house when the are caught violating the law? And how can the court require the appearance of a parent for a person 18 or over? Is the age of majority over 18 in your state?

[neinta]

I don't know. Everytime we've picked them up here (when I was on ride alongs), the parents were contacted. They either came and picked them up or we dropped them off there. My sister is 19. My parents were called and the cops brought my sister home. I guess it's just because the people around here don't move out at 18 unless they go away to college. I guess if they didn't live with their parents, they would be driven to their residence.

The court appearance is the drinker, not the parents. Sorry that was confusing.

[Armed and DWI]

Originally posted by neinta
Mine applies to if the are 18-20. If they are that age and have a previous record with Juvi, they go to juvi. If they don't, then they are cited and released to their parents. They have to appear on the ticket and it's like a 2,500$ fine. I know because my sister is 19 and a big drinker.

Neinta, if that's true, your department is much more stringent than the one I'm descibing in the scenario I originally posted.

No background checks for prior records are run at the scene, nor are any phonecalls made. Just names and addresses are written down on notepad. IDs are not even presented as proof; officers just take their word for it. This involves a good 10 people too, with 6 officers responding.

Referring back to my original question, I guess that if nothing official goes down at the scene, that is the end of it, at least for the scenario I described.

Originally posted by DC Law
They'll get a ticket right there. And it'll be a mandatory court appearance.
Just takes a few minutes after I photograph and dump their alcohol.

In the scenario I described, no photographs are taken, and no one is brought in. Again, the only citation issued on the scene is to the party host for providing alcohol to underagers (NOT minors).

Again, referring back to my original question, I assume that since no other citations are issued to anyone else in my scenario that nothing more will happen?

[Barenaked]

I had my name taken by the police once when i was younger and they sent everyone parents a letter in the mail.

[Stump]

What about the liability to ensure the minor has not suffered from alcohol poisoning? Or if you drop them off at their parents house/their house and nobody is home to watch them and take responsibility?

Here, we call them a ride. That way, the responsibility lays on the person picking up the intox kid. The cops have also been known to go to the parents house (without the lights on - that is rude and uncalled for - it disturbs all the other neighbors too) and ensure the parents have been notified as to what Jr has been up to. That usually only works in the 'burbs, though, since some of these crackhead parents don't even realize their punk kid was out of the house in the first place. :D

[spyman]

Originally posted by DC Law
Whether I did or I didn't is irrelevant. It's now my job to deal with that violation if and when I see it.

And the flip side of that coin is that I'm not crazy about the idea of explaining to my Chief or an Internal Affairs investigator why I saw underage drinkers and didn't act on it.

Are you sure it doesn't have to do with the power you now have? I assume you have to do the same with traffic stops you make, everyone gets a ticket, you aren't allowed any discretion?

[mcsap]

In PA the legal definition of a minor for an alcohol related violation is a person under the age of 21. We are required to notify the parents( by phone is OK) but anyone can come pick them up. The liability of letting a bunch of 19 yr old drinkers go and citing only the host is way too great to risk. One of the "kids" drives off etc and we can be sued.

Our DUI law for anyone under 21 only requires a BAC of .02%. Thats right, one or two beers and such a person is DUI.