Adult Liability of Teen Drinking
    MAASA Panel Program - Madison Eagle Article

“What’s the big deal?  It was just beer.”
“There’s no harm in letting them drink at my house.  I take all the car    keys until they’re ready to go.”
“Everybody does it…”
“They have to learn to drink somewhere.”
   “Your child is under arrest for underage drinking.”
   "you are under arrest for serving alcohol to minors.”
   “I’m very sorry to inform you that your…”

 Parties are frequent events in the lives of many teenagers.  Any excuse will do: sporting events, graduation, Mother’s Day and Groundhog Day are all good reasons to celebrate, but too often alcohol is part of the entertainment.  Parents want their kids to have fun, but the speakers at Monday’s MAASA program all agreed that underage drinking puts kids in danger.

  “Host Liability: Minors and Alcohol – Who’s Responsible?” was the topic of the MAASA (Madison Alliance Against Substance Abuse) program of  March 15.  The speakers were Madison Borough and Washington Township Prosecutor James DeMarzo,  Detective Wayne Reed, Juvenile Officer of the Madison Police Department,  and Morristown and Madison Municipal Judge Gary Troxell.  Both Prosecutor DeMarzo and Judge Troxell grew up in Madison, and graduated from Madison High School.   Detective Reed is a member of the MAASA board.

.Parents can help their kids by being aware of the law and making sure the kids understand it too.  They should also communicate with other parents when kids get together to have a good time.  The following facts about legal responsibility for minors who drink alcohol were presented to the audience by Prosecutor DeMarzo, Detective Reed, and Judge Troxell:

 - A teen may be charged for just attempting to buy alcohol when underage, as well as actual underage purchase or possession.

- The penalties for use of a false ID have increased dramatically with the Patriot Act. As a result, false identification documents can now be associated with possible terrorist activity. 

- The parent or adult is responsible and can be charged with a criminal offense whenever alcohol is consumed by underage guests

-  The adult is also liable for accidents and injuries taking place after an underage guest leaves the party. 

- Parents are liable for underage drinking on their property even if they are unaware of it at the time. 

- A teen can be arrested just for being present at a party where alcohol is being served, even if he/she is not drinking.  The individual is expected to leave immediately upon discovering that alcohol is being served.

- When a person under 18 is drinking, a first time offender may be referred to Project Community Pride for counseling and community service.  Depending on the circumstances, a teen who has had a previous incident may be sent to appear in court with the possibility of time at the Juvenile Detention Center. 

- There is zero tolerance for not submitting to the police.  Running from or striking an officer will compound the charges.

- Alcohol or drugs found inside a car carry a two year mandatory loss of driver’s license along with a charge of possession.

- The acceptable alcohol blood level for a juvenile is 0 – no alcohol may be in the system at all.

All discussion of charges related to underage drinking and possession apply to marijuana as well.

Judge Troxell and Prosecutor DeMarzo have been talking to groups at the Madison High School this year about underage drinking.  The Judge stated that their aim is to inform teens about the ‘collateral consequences’ of drinking when underage, so their decisions can be informed.  For example, an underage drinking arrest could make a person ineligible for the military, a law enforcement or FBI career, and other professions.  Insurance costs may increase so that the expenses make driving impossible to afford.  Judge Troxell added that wondering when one’s legal record might be discovered in the future is a miserable way to start a career. 

What can parents do to prevent trouble? 

- Detective Reed suggested parents always check on the home where the party is being held; call and talk to the parents. 

- Prosecutor DeMarzo recommended parents call their insurance companies to find out how much the policy would cost if their child were charged with driving while intoxicated, and share the information with their teens.  Discuss what such an increase could do to family finances, and how this expense might make driving impossible.

- Discuss the way your lifestyle would change if you were sued for injuries or fatalities related to underage drinking on your property. The Prosecutor stated that eight out of ten insurance companies refuse to pay damages of such a lawsuit.  It would be difficult to find an insurance carrier, and financial assets could be drained.  Loss of the family home has even been seen in some cases.

- Discuss other behaviors which become more likely when alcohol is involved: fights leading to serious injuries, accidents caused by impaired judgment, risky sexual behavior resulting in rape, trauma, disease or pregnancy. 

All the speakers advised that talking to teens about the consequences of drinking may be more productive than the time-honored “don’t do it because I said so” approach.  Helping them think a step ahead about the end result might avoid a young adulthood begun with regrets and struggle.  Kids need to start their adult lives with clean slates, minds full of possibilities, and an even shot at making their dreams come true.