Criminal Consequences of Underage Drinking

A presentation by the office of Middlesex District Attorney

Gerard T. Leone, Jr.

Operating Under the Influence

Whoever operates a motor vehicle on a public way while under the influence of liquor, marijuana, narcotic drugs, depressants/stimulants, or the vapors of glue, shall be punished by: A fine of up to $5,000 Imprisonment for 2 ½ to 5 years Both

Sentences are more severe for subsequent offenses The law defines intoxication as a Blood Alcohol Level

of: .08 for persons 21 or over .02 for persons under 21- license suspension purposes only

License Loss

When you receive your driver’s license, you have automatically given your consent to take a breathalyzer test in the event that you are arrested for driving under the influenceDrivers over 21 with no prior record: refusal of test results in 180 day license loss.Drivers under 21 with no prior record: refusal of test results in 3yr + 180 day loss of license. *refusal of test results in 12 hr vehicle impoundment

License Loss

Drivers over 21 who register a .08 or greater: 30 day suspension or until case is resolved, whichever is shorter

Drivers 18 to 21: 30 days + 180 daysDrivers under 18: 30 days + 1yr

Motor Vehicle Homicide

Whoever operates a motor vehicle on a public way while intoxicated by alcohol or drugs, and so operates a motor vehicle recklessly or negligently. . . and by any such operation causes the death of another person, shall be punished by: A fine of up to $5,000 Imprisonment for 2 ½ to 15 years, 1 yr min/man 15 year loss of license

Minor purchase alcohol or adult purchase alcohol for minor

Prohibits persons under 21 from purchasing, attempting to purchase, inducing another to purchase, or altering an ID to purchase alcohol$300 fine and 180 day loss of license

Furnishing Alcohol to Minors

Whoever furnishes alcohol for a person under 21 years of age shall be punished: A fine of up to $2,000 Imprisonment for up to a year Both

“Furnish” shall mean to knowingly or intentionally: Supply Give Provide to Allow

Exceptions: children and grandchildren