ATTENTION:
PARENTS OF UNDERAGE DRINKERS

Many times I am asked where I get ideas for these articles, and the answer is they often come from my readers. At a recent social event, the mother of a teenager asked me what the rules and laws are regarding the parents of teens who drink. The more research that I did, the more it became clear to me that this is a serious subject, well worth the investment of time.

And if you think that this article does not pertain to your star athlete or honor student, know this: in Pennsylvania, fully half of the seniors in high school admit to drinking at least once per month. And half of those report drinking at least once per week. (From a 1997 survey titled: A Generation at Risk sponsored by the Pennsylvania Department of Education.) A more recent survey (2003) sponsored by the Pennsylvania Commission on Crime and Delinquency shows that statistic remaining constant over the past six years.

The Southwest Region (Pittsburgh area) had the highest past-30-day alcohol use in the entire state, and Pennsylvania student responses ran 11% above the national average. So if you are correct in your belief this is not about your teen, know that it is about half of the people with whom he or she comes into contact every single day.

It is a crime in Pennsylvania for a person less than 21 years of age to drink alcoholic beverages.
The definition of alcoholic beverages also includes beer, liquor, wine and those non-alcoholic malt beverages sold in grocery stores. This law is clear, has been on the books for years, has been interpreted by the courts many times, and is not the subject of much debate.

It is a crime in Pennsylvania for a minor to operate a motor vehicle while having any alcohol in his system. By any the statute means a blood alcohol level of 0.02%, which means the consumption of any alcoholic beverage at all. The limit is so low that even one drink a few hours ago will show up on the test. The point of this law is to deter minors from drinking and driving, period. Again, no real room for debate.

It is a crime in Pennsylvania to furnish any liquor, beer or wine to a person less than 21 years of age. This means even in the parents’ home with the parents permission. Parents who want to include their minor children in a holiday toast at Thanksgiving Dinner with the family are simply breaking the law. Those who think they can teach their teenaged children how to drink responsibly are fooling themselves and sending the wrong message to their children. The law is clear. Obey the law!

Across the country there has been a seismic shift in the responsibility for underage drinking. Through new social host liability laws, parents are being made to understand that if they provide alcohol to minors, or allow minors to consume alcohol while on their premises, they (THE PARENTS) will be held liable for the consequences. While 38% of all highway deaths each year are alcohol-related, more than half of minors highway deaths are related to alcohol.

Now parents can be held responsible if teens who drink at their homes kill or injure another person. On the civil side, this means the parents can be charged for the medical bills, property damage and even pain and suffering. This wallop to the wallet should be enough to get the attention of even the most liberal or casual parent. You know the type: the one who wants to be the cool parent. The one who says, “If they are partying here, I can keep my eye on them.” Or the one who says, “We all did it when we were in school.” The times, they have a changed!

As if civil liability wasn’t enough, the parents can and will be prosecuted by the District Attorney for the underage drinking of their own teen or their teen’s friends. In one Pennsylvania case, the parent was sentenced to a four-year prison term for involuntary manslaughter after three teens died in a drunk-driving accident following a party that the parent hosted. Although the parent did not buy the alcohol for the teens, the parent allowed the teens to drink the alcohol on the premises.

And parents can even be held liable when they are not home during the party. If they have reason to know that a party will occur at their home, or if they fail to take precautions to secure their alcohol, liability attaches. And the drinking does not have to occur inside the house for liability to attach. Drinking anywhere on the property can link the parent to the crime. So you might think twice before leaving your teens at home for a weekend.

In the meantime, share this article with your children, and your parents, assuming that you leave your children with their grandparents now and then. It is important that they know the importance of keeping a firm hand on underage drinking. Just because their grandson is an honor student doesn’t mean that he is sober every weekend. It doesn’t work that way anymore. The way we did things back in the 1970s, 1980s and 1990s is not the way it is today.

Christopher M. Abernethy has been practicing law in Hampton Township since 1976. He focuses on elder law, which includes wills, trusts, powers of attorney, living wills, and probate matters. He also is proficient in all aspects of real estate law and business law. He is a member of the National Association of Elder Law Attorneys, and the AARP Legal Services Network. He can be reached at 412-486-6624 or by email at cabernethy@aaylaw.com.