Can a Cop Make Underage Drinking an Infraction for Adults?
Introduction
The age of legal drinking varies by country, but in the United States, the legal drinking age is set at 21. If you are over 18 but under 21 and are caught drinking, you can face legal troubles. The officer has the option to issue a citation for an infraction or arrest for a misdemeanor.
However, the ultimate decision is left to the court's discretion, not the arresting officer. This article seeks to clarify the legal boundaries and outcomes of underage drinking for adults in the United States.
Understanding Infractions vs. Misdemeanors
Infraction
An infraction is a minor legal offense. Compared to offences that are considered to be more serious, such as misdemeanors and felonies, infractions typically carry less severe penalties.
Common penalties for infractions include fines, probation, or community service. In the context of underage drinking, an infraction may involve a fine, an order to attend a driver's alcohol awareness class, or a mandate to pay for any damages caused by the act of underage drinking.
Misdemeanor
A misdemeanor is a criminal offense that is less serious than a felony. The penalties for misdemeanors can include fines, probation, community service, or a short prison sentence (up to one year in most U.S. states).
Underage drinking for those over 18 but under 21 could be classified as a misdemeanor. The penalties might include a fine, mandatory attendance at a substance abuse program, or the possibility of community service or even a short jail term if the case goes to court.
Legal Limits
Underage drinking, defined as being under the legal drinking age of 21 in the U.S., is strictly prohibited. However, in some states or specific conditions, there are laws allowing for the consumption of alcohol by those over 18, which can differ from state to state and even within the same state. For example, some states permit people between 18 and 20 to purchase alcohol for on-premise consumption, such as in a restaurant or bar. If you are over 18 but under 21 and are found in violation of these laws, you might still face charges for underage drinking.
What Happens After Arrest
If an officer believes someone is underage and in possession of alcoholic beverages, they can choose to issue a citation for an infraction or arrest for a misdemeanor.
Issuing a citation means the individual may face a fine and any other penalties specified. It is generally a more lenient approach and can be a safer outcome for the individual, preventing a criminal record.
An arrest, on the other hand, results in an official charge and may lead to a more serious legal process, including a trial and the potential for more severe penalties. Additionally, an arrest can result in a criminal record, which can impact future job prospects, housing, and travel.
Discretion of the Courts
While an officer may have the option to issue a citation or arrest, the final decision on the nature of the charges and penalties lies with the court. The judge and jury will consider the evidence, the specific circumstances, and the individual's background when making a decision.
If the court determines that the case should be treated as a misdemeanor, the individual could face more serious penalties depending on the severity of the offense and the applicable laws.
Consequences
The consequences of underage drinking for individuals over 18 but under 21 can be significant even if the case is treated as an infraction. A court may order the individual to attend a substance abuse program or pay for damages. These outcomes can still affect their future opportunities and activities.
For those facing a misdemeanor charge, the penalties can be more severe and impactful, including a fine and potential jail time, which could result in a criminal record.
Prevention
The best way to avoid any legal troubles is to abstain from underage drinking. Even if an officer sees you with alcohol, they may not have enough evidence to make a formal charge, but they can still offer you an opportunity to destroy the evidence to avoid any suspicion.
Conclusion
To summarize, while an officer has the option to issue a citation for an infraction or arrest for a misdemeanor when an individual over 18 is caught with alcohol, the final determination rests with the court. The penalties for an infraction are less severe than those for a misdemeanor, but both can have lasting impacts.
It is crucial for individuals over 18 to be aware of the legal boundaries regarding alcohol consumption and to avoid any actions that could lead to legal troubles. This knowledge can help prevent unnecessary penalties and their associated consequences.