Social Drinking at Home by College Students Under 21, Legal?

Jay Perry, Attorney at Law

By Jay Perry

I was recently asked by the parent of a college student whether it was legal for their child (under 21) to drink alcohol in their home.  In Tennessee, the answer is no.  The statute (T.C.A. § 1-3-113) forbids anyone under 21 to “purchase, possess, transport or consume alcoholic beverages, wine, or beer”.  The only listed exceptions are for religious ceremonies and for those over 18 to “transport, possess, sell, or dispense alcoholic beverages, wine, or beer in the course of such person's employment.”

This contrasts with the law in Georgia which contains a specific exception (O.C.G.A. § 3-3-23(c)) allowing for minors to consume alcohol in their parents’ home, if the parents are present and the alcohol was provided by the parents.

Furthermore, the law in Tennessee provides for rather stringent penalties for underage drinking.  The offense is considered a Class A misdemeanor which carries as a maximum sentence up to 11 months and 29 days in the workhouse.  Furthermore, the law holds that upon a conviction for unlawful possession of alcohol the court “shall” send to the DMV an order denying driving privileges.  This loss of driving privileges can be for up to one year. 

Additionally, it is a separate offense if a fake ID is used to purchase alcohol.  If someone between the ages of 18-21 uses a false statement or ID to purchase (or attempt to purchase) alcohol, the proscribed punishment is a fine between $50-$200 and “imprisonment in the county jail or workhouse for not less than five (5) days nor more than thirty (30) days.”  The words of the statute seem to require mandatory jail time for this offense.  A second offense of this law also carries a loss of driving privileges.

With many college students home for the holidays and returning to school soon, it is important that they understand the possible consequences for behavior so common that it has become a rite of passage.  Unfortunately, it can have severe legal consequences and result in students caught in the criminal justice system. 

(Jay Perry is a Chattanooga lawyer who writes on legal issues concerning college students and young adults for Tennessee Criminal Law Review.  This is Jay's first post and we look forward to his contributions. You may contact Mr. Perry directly through the links above.)

Parents Responsible for Underage Drinking

With New Year's Eve upon us and a plethora of parties soon to begin, a reminder to parents that they are liable in Tennessee for underage drinking--drinking by their children and underage guests that happens in the home.  As a lawyer and a parent of two high school age young adults, I am always a little surprised when I hear parents say that they did not realize they are responsible for underage drinking at their homes.

Many parents think that they can provide a safe haven for young adults to experience alcohol responsibly.  As one parent told me, "I don't want my son driving after drinking a beer. And, it's not like they are getting drunk." That parents have turned a blind eye to the potential consequences concerning what could happen where beer and liquor are consumed is a problem.  With every holiday season we have parties and arrests for drinking under age. When tragedy strikes in the form of an alcohol-related accident or fatality, parents need to know that they might bear significant responsibility.  In Tennessee there are two kinds of potential consequences:  criminal and civil. Criminally, parents can be held liable for the crime of contributing the delinquency of a minor where alcohol is served to minors with their consent or tacit approval (Class A misdemeanor).  Perhaps less well known are the civil consequences.  In a civil context, when you open your home up to the teenage beer-blast, you have exposed yourself to monetary damages for any foreseeable consequences that might follow.  A parent is a social host, and he/she owes guests a duty of reasonable care under the circumstances.   If the harm that follows (arrest, DUI, injury or fatality) is reasonably foreseeable, then the parent is liable.

Today's Wall Street Journal reports about the reality of parents being held liable for underage drinking:

Eight states have specific "social host" laws that say parents can get in trouble if underage guests are drinking, even if no one gets hurt, according to the National Institutes of Health. (Some of those states allow parents to serve alcohol to their own children in some situations.)Sixteen other states have laws that hold Mom and Dad legally responsible for underage drinking under certain circumstances — for example, if a teen who drank at their home got into a car accident, NIH said. In other states, parents can get in trouble under more general liability laws. 

Stephen Wallace, a senior adviser at Students Against Destructive Decisions, or SADD, which used to be called Students Against Drunk Driving, said that with an increased awareness of the dangers of underage drinking, law enforcement authorities are increasingly relying on social host liability laws to go after parents. 

While he acknowledged that teens are adept at finding ways to drink on the sly, he said he is all for anything that gets at the problem of underage drinking. He said he finds it troubling that the Burnetts said they saw no alcohol consumed at their party. 

"Parents need to say to kids, 'You shouldn't be drinking at all and you certainly can't do it here because we can be put in jail,'" Wallace said.

In Tennessee, laws are on the books that hold parents responsible for teen parties and drinking in their midst.  Criminal and civil penalties may follow parents who willfully ignore the obvious:   you are in charge.