Know potential penalties before pouring at parties

Prohibition was officially repealed in 1933. With the ratification of the 21st Amendment, it was once again legal to go to a local tavern and have a drink.

This right, however, is not without limitations. Numerous criminal and civil laws make it illegal to use or share alcohol, especially when it could potentially harm others.  Some of these include drunk-driving laws, social-host liability laws and restrictions on access to alcohol by minors.   

While most of these laws may seem obvious, many are misunderstood. For example, although it is not illegal in Massachusetts to have a drink or two and then drive a car, it is illegal if the alcohol impairs the driver.

"Impairment" means that the driver's ability to operate a motor vehicle safely has been reduced by the effects of alcohol. An impaired driver could be someone who is falling down drunk or someone who has simply had enough to drink that his alertness, judgment and ability to respond in an emergency has been lessened by liquor. 

In fact, a person does not even have to be driving to be convicted of "operating under the influence." "Operating" a motor vehicle occurs whenever one manipulates some mechanical or electrical part of the vehicle, such as the ignition or the gearshift, which, alone or in sequence, may set the car in motion.

Therefore, if an impaired person turns on the car's ignition to run the heater, he is guilty of operating under the influence. 

Other examples of legal restrictions on the use of alcohol involve social-host liability laws. These laws place civil (as opposed to criminal) responsibility on a person not to over-serve alcohol to guests at a home or office party. Simply put, if the host of the party is providing alcohol, then he is assuming the burden of ensuring that the guests do not get intoxicated and harm others. 

So, if the host fills up the refrigerator with beer for the guests and one of them gets drunk, leaves the party and harms an innocent third person in an accident, the host may be forced to pay the damages for that person's injuries.

On the other hand, if the guests bring their own alcohol to the party and the host has not taken on the responsibility of controlling the "flow of alcohol," there is no social-host liability. 

Several laws are aimed at restricting the ability of minors to consume or get access to alcohol. Most adults understand that it is illegal to provide or furnish alcohol to anyone under the age of 21.

One exception provides that a parent or guardian may allow his child to have a drink without running afoul of the law. Also, at establishments serving alcoholic beverages, employees over the age of 18 can serve liquor as wait staff or bartenders. 

One lesser-known but important aspect of this law is that it is illegal for an adult to permit underage drinking on his premises. Consequently, while a parent may allow his own child to have a drink, it is illegal to permit other underage children to consume alcohol. Even if the parent did not provide the liquor, merely letting underage kids drink in the home is considered the equivalent of furnishing the alcohol. The penalty for violating this law is up to one year in jail.  

As the weather gets warmer and high school graduations approach, police inevitably become more vigilant in enforcing these laws.

Randy S. Chapman is an attorney in Chelsea and a former assistant district attorney in Essex County, where he was chief of the Motor Vehicle Homicide Unit. He is president-elect of the Massachusetts Association of Criminal Defense Attorneys. He can be contacted at r.chapmanlaw@verizon.net.