New Year’s Eve drinking and minors can be a serious issue in Arizona, particularly for people hosting parties or events. If you’re hosting a party in your home, familiarize yourself with social hosting laws. Otherwise, you could start your new year on a sour note. Phoenix criminal defense lawyers confirm that allowing underage drinking in your home can have dire results. Simply put, minors drinking alcohol at your party could lead to fines and even jail time.
Social Hosting Defined
Under Arizona law, a social host is anyone who hosts a party, social event, or other gathering where alcohol is served on an unlicensed premises. You’re considered a social host no matter the size of the gathering and normally there aren’t any legal repercussions. However, if your party includes two or more underage guests who aren’t related to you or do not permanently reside with you, penalties for New Year’s Eve drinking and minors could occur.
Unfortunately, you could face charges even if you don’t provide or serve alcohol to underage drinkers—you just have to allow it to happen. If you knew or should have known one or more minors possessed or were consuming alcohol while attending your party, you could be found guilty of a Class 1 misdemeanor under ARS 4-241(Q).
The “should have known” part of these provisions can be a nebulous area, one where an experienced Phoenix criminal defense lawyers can be extremely helpful.
Arizona’s Social Host Liability Laws
Criminal and civil laws pertaining to hosts of events where drinking takes place vary by state. In contrast to most states, Arizona laws limits social host liability. Social hosts in Arizona generally aren’t liable when an intoxicated party guest injures someone after leaving your event.
There are, however, two exceptions.
- If you’re licensed to sell alcoholic beverages
- If the intoxicated guest is underage
You could be held legally responsible for property damage, injuries, and even deaths caused by guests who consumed alcohol at your gathering. When it concerns to New Year’s Eve drinking and minors, you may still be liable, even if you didn’t personally provide the alcohol.
If convicted with a Class 1 misdemeanor for violating social host laws in Arizona, you could face a fine and/or up to six months jail time. Your fine depends on your criminal record and specific facts surrounding the case, and could be as much as $2,500.
Prevent New Year’s Eve Drinking and Minors
Arizona strictly discourages minors from consuming alcohol, so underage drinking laws are very strict. These include serious penalties for Minor in Possession of Alcohol and Minor in Consumption, and zero tolerance for underage DUI. As a social host, you can help prevent underage drinking at your New Year’s Eve Party by:
- Not serving alcohol to minors
- Using a bartender instructed to not serve minors
- Securing alcoholic beverages when you or a bartender aren’t present to serve drinks
- Requesting guests to relinquish bottles of alcohol they bring with them for monitored serving/distribution by you or a bartender
- Never allowing guests to distribute alcohol themselves
- Planning separate activities away from alcohol
Hire Top Phoenix Criminal Defense Lawyers
If you’re facing criminal charges or a civil lawsuit due to New Year’s Eve drinking and minors, contact the Phoenix criminal defense lawyers at Lerner & Rowe Law Group. We offer a FREE consultation and affordable payment plans.
Our criminal defense attorneys are available 24/7 to take your call at 602-667-7777 or use our convenient LiveChat online. Don’t wait and contact us today!