Can I be held responsible for underage drinkers if I’m legal but others at a party aren’t?

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Can I be held responsible for underage drinkers if I’m legal but others at a party aren’t?

I am 21 but I’m dating a girl who is 20. She is having a party but I do not want to attend if her under 21 friends get busted and I can be held responsible even though I’m not supplying any of the alcohol.

Asked on May 1, 2009 under Criminal Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Usually, underage drinking laws target people who supply alcohol to people under 21, or who allow alcohol to be given to underage drinkers on their property.  If you don't live with your girlfriend, and the party isn't at your house or apartment, it should not be your problem.

The problem is not just being charged with a criminal offense, though.  If an underage drinker leaves the party, and causes an accident while driving drunk and someone gets hurt, the person or people who supplied the alcohol can be sued.  As with the criminal offense, on the same facts, you should not be liable.

It isn't always that simple, though.  You can be charged and later found not guilty, or sued and later found not to be liable.  In the meantime, you could run up thousands of dollars in legal fees and go through a lot of inconvenience and possible embarrassment.

To get detailed information on the law in Pennsylvania, see a local lawyer -- you can find one at http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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