As of 5/27/2009, what is the maximum penalty for an underage consumption citation in the state of Utah?

Asked on May 28, 2009 under Criminal Law, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It also depends on a number of factors: any priors, currently on parole or probation, etc.

Here is some information for you:

 

     32A-12-209.   Unlawful purchase, possession, consumption by minors -- Measurable amounts in body.
     (1) Unless specifically authorized by this title, it is unlawful for a minor to:
     (a) purchase an alcoholic beverage or product;
     (b) attempt to purchase an alcoholic beverage or product;
     (c) solicit another person to purchase an alcoholic beverage or product;
     (d) possess an alcoholic beverage or product;
     (e) consume an alcoholic beverage or product; or
     (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.
     (2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic beverage or product for a minor for:
     (a) a minor to misrepresent the minor's age; or
     (b) any other person to misrepresent the age of a minor.
     (3) It is unlawful for a minor to possess or consume an alcoholic beverage while riding in a limousine or chartered bus.
     (4) If a minor is found by a court to have violated this section and the violation is the minor's second or subsequent violation of this section, the court:
     (a) shall order the minor to participate in an educational series as defined in Section 41-6a-501; and
     (b) may order the minor to participate in a screening as defined in Section 41-6a-501.
     (5) (a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section, except as provided in Section 32A-12-223, the court hearing the case shall suspend the minor's driving privileges under Section 53-3-219.
     (b) Notwithstanding the provision in Subsection (5)(a), the court may reduce the suspension period required under Section 53-3-219 if:
     (i) the violation is the minor's first violation of this section; and
     (ii) the minor completes an educational series as defined in Section 41-6a-501.
     (6) When a minor who is at least 13 years old, but younger than 18 years old, is found by the court to have violated this section, Section 78A-6-606 applies to the violation.
     (7) When a court issues an order suspending a person's driving privileges for a violation of this section, the Driver License Division shall suspend the person's license under Section 53-3-219.
     (8) When the Department of Public Safety receives the arrest or conviction record of a person for a driving offense committed while the person's license is suspended pursuant to this section, the Department of Public Safety shall extend the suspension for an additional like period of time.
     (9) This section does not apply to a minor's consumption of an alcoholic beverage or product in accordance with this title:
     (a) for medicinal purposes if:
     (i) the minor is at least 18 years old; or
     (ii) the alcoholic beverage or product is furnished by:
     (A) the parent or guardian of the minor; or
     (B) the minor's physician or dentist; or
     (b) as part of a church's or religious organization's religious services.

   32A-12-212.   Unlawful possession -- Exceptions.
     (1) A person may not have or possess within this state liquor unless authorized by this title or the rules of the commission, except that:
     (a) a person who clears United States Customs when entering this country may have or possess for personal consumption and not for sale or resale, a maximum of two liters of liquor purchased from without the United States;
     (b) a person who moves the person's residence to this state from outside of this state may have or possess for personal consumption and not for sale or resale, liquor previously purchased outside the state and brought into this state during the move, if:
     (i) the person obtains department approval before moving the liquor into the state; and
     (ii) the person pays the department a reasonable administrative handling fee as determined by the commission;
     (c) a person who as a beneficiary inherits as part of an estate liquor that is located outside the state, may have or possess the liquor and transport or cause the liquor to be transported into the state if:
     (i) the person obtains department approval before moving the liquor into the state;
     (ii) the person provides sufficient documentation to the department to establish the person's legal right to the liquor as a beneficiary; and
     (iii) the person pays the department a reasonable administrative handling fee as determined by the commission; or
     (d) a person may transport, have, or possess liquor if:
     (i) the person transports, has, or possesses the liquor:
     (A) for personal household use and consumption; and
     (B) not for:
     (I) sale;
     (II) resale;
     (III) gifting to another; or
     (IV) consumption on a premise licensed by the commission;
     (ii) the liquor is purchased from a store or outlet on a military installation; and
     (iii) the maximum amount the person transports, has, or possesses under this Subsection (1)(d) is:
     (A) two liters of:
     (I) spirituous liquor;
     (II) wine; or
     (III) a combination of spirituous liquor and wine; and
     (B) (I) one case of heavy beer that does not exceed 288 ounces; or
     (II) one case of a flavored malt beverage that does not exceed 288 ounces.
     (2) (a) Approval under Subsection (1)(b) may be obtained by a person who:
     (i) is transferring the person's permanent residence to this state; or
     (ii) maintains separate residences both in and out of this state.
     (b) A person may not obtain approval to transfer liquor under Subsection (1)(b) more than once.

  32A-12-213.   Unlawful bringing onto premises for consumption.
     (1) Except as provided in Subsection (3), a person may not bring for on-premise consumption an alcoholic beverage onto the premises of:
     (a) a licensed or unlicensed restaurant;
     (b) a licensed or unlicensed club;
     (c) an airport lounge licensee;
     (d) an on-premise banquet licensee;
     (e) an on-premise beer retailer licensee;
     (f) a resort licensee;
     (g) a sublicense of a resort licensee;
     (h) an event where an alcoholic beverage is sold or served under a single event permit or temporary special event beer permit issued under this title; or
     (i) any establishment open to the general public.
     (2) Except as provided in Subsection (3), the following may not allow a person to bring onto its premises an alcoholic beverage for on-premise consumption or allow consumption of an alcoholic beverage brought onto its premises in violation of this section:
     (a) a licensed or unlicensed restaurant;
     (b) a licensed or unlicensed club;
     (c) an airport lounge licensee;
     (d) an on-premise banquet licensee;
     (e) a resort licensee in relationship to:
     (i) the boundary of a resort building; or
     (ii) a sublicense premises;
     (f) a person operating a sublicense of a resort license;
     (g) an on-premise beer retailer licensee;
     (h) a holder of a single event permit or temporary special event beer permit issued under this title; or
     (i) an officer, manager, employee, or agent of a person listed in Subsections (2)(a) through (h).
     (3) (a) A person may bring bottled wine onto the premises of a restaurant liquor licensee, limited restaurant licensee, resort spa sublicense, or club licensee and consume the wine pursuant to the applicable restrictions contained in Subsection 32A-4-106(14), 32A-4-307(14), 32A-4a-305(22), or 32A-5-107 (18).
     (b) A passenger of a limousine may bring onto, have, and consume an alcoholic beverage on the limousine if:
     (i) the travel of the limousine begins and ends at:
     (A) the residence of the passenger;
     (B) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
     (C) the temporary domicile of the passenger; and
     (ii) the driver of the limousine is separated from the passengers by partition or other means approved by the department.
     (c) A passenger of a chartered bus may bring onto, have, and consume an alcoholic beverage on the chartered bus:
     (i) (A) but may consume only during travel to a specified destination of the chartered bus and not during travel back to the place where the travel begins; or

 


     (B) if the travel of the chartered bus begins and ends at:
     (I) the residence of the passenger;
     (II) the hotel of the passenger, if the passenger is a registered guest of the hotel; or
     (III) the temporary domicile of the passenger; and
     (ii) the chartered bus has a nondrinking designee other than the driver traveling on the chartered bus to monitor consumption.
     (d) A person may bring onto any premises, have, and consume an alcoholic beverage at a privately hosted event that is not open to the general public.
     (4) Except as provided in Subsection (3)(c)(i)(A), the consumption of an alcoholic beverage in a limousine or chartered bus is not allowed if the limousine or chartered bus drops off a passenger at a location from which the passenger departs in a private vehicle.


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