Social Host Liability for Underage Drinkers
Posted on Mar 24, 2015 9:00am PDT
In 1984, the national minimum drinking age was set to 21. In order for states to comply with the federal law, each state prohibits people under the age of 21 from purchasing alcohol, driving under the influence of alcohol, and possessing alcohol in public.
The 2012 National Survey on Drug Use and Health found that over 9 million people between the ages of 12 and 20 have drank alcohol in the past month, and an estimated 11.2 percent of people ages 12 and older have driven while under the influence of alcohol within the last year.
Legislatures Hold Social Hosts Accountable
In an effort to reduce the widespread problem of underage drinking, state legislatures enacted laws that hold adults accountable when they allow minors to consume alcohol at various social gatherings. To date, thirty-one states impose civil liability upon hosts for injuries and damages caused by underage drinkers.
In thirty states and the Virgin Islands, if you are an adult and you allow underage drinking at your home, or someplace else where you are in control, and an underage drinker is involved in a drunk driving accident, there is a possibility that you could be held financially accountable, and you could face criminal penalties.
Such social host provisions do not apply to bars, pubs, nightclubs, and restaurants that serve alcohol, which are covered by state dram shop laws where applicable.
Each state has different social host ordinance laws, and they can even vary between counties and the cities within counties. So, while one county may have a social ordinance law, its neighboring county may not.
If you are an adult who is facing criminal charges, or a civil lawsuit in connection with an underage guest's DUI accident, or if you are under 21 and facing DUI or DWI charges, you should get in touch with an attorney as soon as possible!