parties and the alcohol laws

Parents Forum
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<p>I live in Indiana and attend Purdue. Here, there are parties with alcohol probably every weekend, and I'm not above going out every once in a while with my friends to de-stress. I do not drink alcohol (frankly, it makes me physically ill), but I wonder whether any charges can legally be brought against me if I'm at a party when it is broken up by excise or university police. </p>

<p>My mom is a little fuzzy on the laws; she thinks I could be culpable in terms of furnishing to minors, though I'm a minor myself. The excise laws aren't too helpful because they relate mostly to knowing possession or businesses. </p>

<p>I have a lot going for me at this time and an excellent reputation that I would prefer not to spoil for one night of potentially illicit fun. :o Do any of you know the hard and fast facts?</p>

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<p>
[quote]
**I wonder whether any charges can legally be brought against me if I'm at a party when it is broken up by excise or university police.

[/quote]
**</p>

<p>OK now.......you must have been hearing tales? Been to Harry's yet?</p>

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<p>that's just the thing...I don't know any tales. Partying usually is not my scene, but once in a while I need the mindlessness and knowledge that no one really cares who I am. Most of the tales I've heard are about kids who were caught and charged with public intox. and minor consumption because they were in fact drinking alcohol while underage. </p>

<p>I have not been to Harry's a) because I don't have a fake ID and b) because I have no interest in being awake that early on a Saturday morning :D My friends are not the people you'd find at Harry's, anyway.</p>

<p>Hazmat, are you saying that I'm safe?</p>

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<p>Are you partying on campus or off campus? If you are off campus then it would be a bit different, and every state law is different. If on campus, it is a private property and most school's security will break up a party before local police show up.</p>

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<p>it would be at a fraternity house...I won't go to house/apt. parties because they tend to be less contained in my experience. So it might be more of a "go home!" type of response in my case?</p>

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<p>Tell your mom not to worry. Local police can't handle putting a few hundred kids in jail. Have fun, just don't get sloppy. My daughter is at a large university with many fraternity parties every weekend. They get shut down every once a while for over crowding, not for alcohol.</p>

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<p>Thank you! It's much more fun to be sober; when I run into people I saw at the parties in the future, I have my own private laughs over things they cannot remember :D</p>

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<p>I wouldn't be so sanguine. I know someone who's daughter was charged with serving a minor. She was of age, her friend wasn't. They both had wine with a meal at a restaurant and paid separately. Some states choose to be draconian about the way they interpret their laws.</p>

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<p>Also in Indiana, Bloomington to be specific. D is in high school. I know a group of high schoolers that were recently charged with visiting a common nuisance or some such thing. They were at an out of control party, off campus, where alcohol was being served to minors. Some did not drink, but were charged with the above. I think much depended upon how cooperative they were. </p>

<p>Fraternities are generally considered to be on campus. I think the campus police would intervene first. I think much would depend upon how cooperative you were and their mood.</p>

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<p>OP said on campus fraternity parties, not some high school private parties. That is why my daughter was not allowed to go to large parties in HS. When we visited schools, I specifically asked how friendly the school is with the local police. Most of them said "our main concern is our students' safety and this is a private proper." It would be a nuisance if I had to be called in the middle night to bail out my daughter over instance like that.</p>

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<p>At orientation at my Ds school the subject of Minor In Possession came up. A parent was saying that where her other child was at school just being at a party where alcohol was being served could lead to a MIP charge which can cause problems in the students future. This had happened to someone she knew (or knew of).</p>

<p>Supposedly the local police at the school my D attends do not do this (they have a friendly relationship with the school) but are more concerned with drunk driving. I hope that is the case. My D (according to what she tells me) does not drink but has gone to parties where there is drinking. I do worry about the MIP possibility. She tends to be the DD for her boyfriend and their friends so my main emphasis when i talk to her is - if you do drink do not drive.</p>

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<p>You can be charged with anything, anywhere at anytime. Maybe you look like the officer's daughter whom he molests.. who knows... Cops at my S school took to jumping out of the bushes to harrass kids walking home from breakfast, demanding breathalizers. Harrass too many kids and you have alot of moms calling and writing and the problem (overzealous police) goes away.</p>

<p>Go enjoy yourself and drink water..as long as your not forcing anyone else to consume or purchasing, you have nothing that would stand up in court, and you might get college paid for with a good att...</p>

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<p>S1's roommate had been drinking beer at a party but was not drinking at the time the police showed up. They charged everyone there with underage consumption. He got a lawyer to contest the charge because he was not in possesion of alcohol at the time and the police didn't bother to do a breathylzer test on them so there was no proof. The charge got dismissed. </p>

<p>Other S attended a party of underagers with alcohol. When the police came they had breathylyzers and told the kids who had not been drinking to go to one side of the room and those that were to the other. They tested each kid. Those who hadn't been drinking were free to go and the others were charged.</p>

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<p>Yeah, if you don't drink or don't smoke the pot etc. you won't get cited. If you are underaged and HOLDING a beer even if not drinking you will. (possession) I am frankly surprised anyone gets out of college with out a record....drinking law is much too restrictive particularly when they can smoke, chew, vote, enlist, kill and buy lottery tix....but....the power of the Lobby MADD has brought this about. So, party don't drink....have fun but be careful with any drink you have....there are drugs out there they put in water and coke with the same bad effects. be aware, be smart.</p>

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<p>thanks, all of you, for the advice and real life stories. From the sound of it, it's a mixed bag as to whether the campus police are feeling charitable. Since I'd probably be completely sober and worried about the consequences of an arrest, cooperation would be number one...there'd most likely be tears involved, too.</p>

<p>I am very aware of the things that can be dropped into drinks unnoticed unless the consumer is very critical. It's much easier to pretend to be a camel at parties to avoid any problems with that :D</p>

<p>MADD's point of view is quite understandable...I and my family have been fortunate enough not to have dealt with drunk driving fatalities, and I certainly do not want to begin now. It is a little irksome, though, to think of being charged with a crime not committed all stemming from an attempt to blow off some steam.</p>

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<p>I asked this once of our village police department, regarding my own kids (while they were still at home and underage) and what might happen if they were at a party where alcohol was being consumed.</p>

<p>He told me if the cops show up at a party where there is underage drinking, to be the first to volunteer for a breathalyzer. That should be sufficient; but yea, don't even be holding a drink.</p>

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<p>In most states, you're allowed to have alcohol in a private setting. If you were just at the party, short of anyone dying from alcohol poisoning, there's too much reasonable doubt to prove anything. Remember, INNOCENT until PROVEN guilty.</p>

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<p>Atlmom: Amen to that.</p>

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<p>MissMichelle, good luck at PU. As far as your question, COPs can generally try and arrest you for anything. Just remember they have to prove the case against you "beyond a reasonable doubt."</p>

<p>IN INDIANA---If you are at a party (any where-house, frat, apt, etc.) and you HAVE NOT been drinking, you will not get charged or convicted of anything. UNLESS there is drug use or there is a fee being charged to get in. If money is being charged (the "it's a donation" won't work) and alcohol being served without an alcohol permit, you CAN be charged with VISITING A PUBLIC NUISANCE (IC7.1-5-10-21b). If there is any drug use (yes one joint) you could be charged with VISITING A COMMON NUISANCE (very rare). </p>

<p>Police can and DO enter University Campuses. PU is STATE PROPERTY. COPs can also enter PRIVATE PROPERTY to investigate a complaint. So they can and do respond to "underage drinking" and "loud party" complaints. Once there LEGALLY, they can act upon anything they see (Plain View).</p>

<p>It is getting more frequent that Security or University Police take action and not just "break the party up" as suggested above. The officer (and his department) could be sued if they just "break up a party" and someone gets hurt after they leave (even walking). Officers and departments are required to follow the "foreseeable act". The officer should be able to foresee that there might be drunk kids at an alcohol party. If he fails to take action and something happens-he's in big trouble as he should have "foreseen" something could happen.</p>

<p>In Indiana it is Illegal to POSSESS an alcoholic beverage, Consume it, or Transport it (can transport if accompanied by parents) IC7.1-5-7-7.</p>

<p>POSSESSION is easy. You holding it is possession, even if it's not yours.<br>
CONSUMPTION is also easy. If you've been drinking alcohol, that's consumption. Usually a little harder to prove. Most officers offer you a PBT or Portable Breath Test at parties. You test .000% you walk. You test anything, BUSTED. However, other than a rare Judge here or there, a PBT test IS NOT court admissible!!!! The COPS do smell your breath when giving the test or when talking to them. This is GOOD ENOUGH for a conviction. Yes, an officer saying "I smelled beer on his/her breath" will almost always be enough to convict. Next, were you advised of your Miranda rights? Generally NOT. So when the COP tells you he smells alcohol on your breath and asks "What were you drinking?" and you say "beer” that can be objected to as "custodial interrogation" and not admitted. However, if advised of Miranda and they ask "What were you drinking?" and you say "beer"---you're busted.</p>

<p>Also don't play the "I want an attorney" card. You'll be in jail still asking for your attorney. They do not have to write you a ticket for underage drinking; they CAN TAKE YOU TO JAIL!!!!</p>

<p>AS far as TRANSPORTING alcohol, if you are not 21 or older, DO NOT drive a vehicle that has any alcohol in it UNLESS Parents with you. A 21 year old room mate won't work. YES, even if the alcohol is his, you’re the driver; you get a Minor Transporting ticket (or jail).</p>

<p>Also remember that in Indiana there is a Law Enforcement agency whose main job is busting underage parties. The Indiana State Excise Police is part of the Alcohol and Tobacco Commission. That’s why they show up where alcohol is involved.</p>

<p>Go to their web site to see more. Just to finish up, it is LEGAL for the Excise Police to send undercover officers into a party to investigate and then possibly raid a party. How do you avoid them?<br>
1. DON’T drink underage
2. DON’T attend party if they are charging to get in.
3. Leave if you see/smell drug use
4. DON’T drive your adult friend to a liquor store
5. DON’T use or possess any fake ID (including your roommate’s)
6. DO NOT RUN, you are more likely to GO TO JAIL if you run.
7. Be polite and professional and expect that out of the Officer (s)</p>

<p>Most Counties (Yes to Tippecanoe County—Purdue) offer a 1st time offender program for underage drinking. It might cost more than getting convicted, but; it won’t be on your “record”.</p>

<p>Indiana</a> State Excise Police</p>

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<p>Thanks for the info a dad who knows.. I live here in Indiana now, but don't really party in HS. I plan on going to IU in '09 though, and well it's a good thing to be familiar with.
(Speaking of Tippy County, we just played them in basketball last week!)</p>