The Maine Liquor Liability Act (MLLA) provides for the recovery of damages against anyone who negligently or recklessly “serves” alcohol to a minor.
However, that might be just the start of your problems if you allow your children to host a BYOB party in your home where underage drinking occurs. Even if no adult actually “serves” the alcoholic drinks, these so-called “dram shop” (liquor liability) statutes can lead to criminal charges for parents in some circumstances.
For instance, if an intoxicated minor guest at a BYOB gathering leaves and causes injury or collides with another road user, the host may be held criminally and civilly liable.
The liquor laws for minors require some explanation and clarification, so let’s take a closer look.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI, DUI, DWI lawyers, serving Maine, today.
Table of Contents
“Zero tolerance” policy for underage OUI in Maine
Firstly, it’s important to understand that Maine has a “zero tolerance” policy for the consumption of alcohol by underage drivers, i.e., if you are under 21, you cannot legally drive in Maine with any alcohol in your body.
So, a driver under the age of 21 who is stopped by law enforcement and asked to submit a breath test can be arrested and criminally charged if any alcohol is present in the test results—even for a first offense.
The driver will be automatically suspended by the Bureau of Motor Vehicles (BMV) under the administrative license suspension system. A notice of the suspension will be sent by the BMV advising the driver of the one-year license suspension—with an additional six months if the driver was transporting a passenger who was also under 21. Repeat offenders will face harsher suspensions and other penalties.
Drivers who refuse to submit to a breath or other chemical test will receive an automatic license suspension of 18 months, plus an additional six months if transporting a passenger under 21.
Every driver has the right to a hearing to contest the suspension, but the application to do so must be made within 10 days of the date of the BMV notice. Contesting the suspension with the assistance of a qualified criminal defense lawyer to help meet this short deadline is advisable in many cases.
Civil violations for transporting alcohol under 21
Drivers under the age of 21 in Maine cannot legally transport alcohol in a motor vehicle. If a case ends up with an arrest and charge, valid defenses such as parental or employer permission can often be argued, but generally, it’s best to avoid transporting alcohol in any vehicle in Maine if you are under 21.
The offense is classified as a “civil offense” rather than a criminal offense, so there is no threat of jail time or a criminal record. However, it may appear in administrative records.
Penalties for the Illegal Transportation Of Alcohol By A Minor include a 30-day license suspension for a first offense, 90 days for a second offense, and one year for any subsequent offense. A fine of $200-$500 also applies for a first offense and $400-$500 for subsequent violations.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI, DUI, DWI lawyers, serving Maine, today.
Consequences of furnishing alcohol to minors in Maine
Minors are prohibited from purchasing alcohol, possessing alcohol, and using fake or borrowed identification documents in Maine.
What happens when an adult supplies alcohol to individuals under the age of 21, though? Can they be held criminally liable? In fact, furnishing alcohol to minors and knowingly facilitating the consumption of alcohol by minors are considered more serious criminal offenses in Maine than those committed by minors.
Under Maine Revised Statutes Title 28-A § 2081, furnishing (knowingly giving or selling) alcohol to a minor is a Class D misdemeanor crime, punishable by up to 364 days in jail and up to $2,000 in fines plus surcharges. Furnishing a place for minors to consume alcohol is also a Class D crime with the same range of penalties.
In some OUI cases in Maine, the minor’s actions while driving result in death or serious bodily injury either to the minor or another person. This will increase the consequences for anyone found to have furnished alcohol to the minor in question, elevating the offence to a Class C crime, which is regarded as a felony. Class C crimes can result in up to five years in prison in Maine, as well as a $5,000 fine plus surcharges and two years of probation.
Parents should bear this in mind if they allow their children to host a BYOB party in their home. They will be facilitating the consumption of alcohol by minors and, if this results in an injury or death, part of the investigation will center on who supplied the alcohol or facilitated the party.
This could potentially result in serious criminal charges, leading to jail time and a permanent criminal record. Maine prosecutors want to see justice for victims of underage OUIs, and that could include the parent(s) being held accountable.
In addition to potential criminal charges, civil liability could result in a claim for damages from the injured party or parties.
Consequences of underage alcohol possession in Maine
Underage drinking is treated as a serious issue in Maine and much of the concern is aired during the summer months, when school’s out.
Often, a charge for alcohol possession is the first time the minor has been in trouble with law enforcement, and it can be a stressful time for families.
If the minor accused of possession of alcohol is under 18, charges are prosecuted as juvenile criminal charges. If the accused is aged between the ages of 18 and 21, the charges will be prosecuted in a public court as an adult civil charge. However, if the minor is accused of other associated criminal conduct, such as an underage OUI, the case will be held in a criminal court.
A conviction in the adult court can result in a lifelong criminal record, which can impact many aspects of the individual’s life, such as employment, education, and other future opportunities.
The seasoned advice of a knowledgeable criminal defense lawyer can be of great benefit at this time.
For experienced legal help with any criminal matter, call the Maine Criminal Defense Group’s OUI lawyers at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI, DUI, DWI lawyers, serving Maine, today.
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