The Legal Impact of Drinking Alcohol

Alcohol-related Statutes

Alcohol laws and regulations vary in different jurisdictions around the world. In every country, the legal consumption has specific regulations regarding the age of majority, where the drug can be consumed, the amount a person is allowed to serve, and much more.
For example, the United States prohibits minors under 21 years old from buying, consuming, or selling all types of alcoholic beverages. However, some states such as Washington state permit consumption in certain public areas, while majority of states in the Midwest have a very strict policy that prohibits consumption by anyone under 21. In Germany, it is illegal for anyone under the age of 16 to consume beer and wine. Still, a child at any age can drink the same drinks if his or her parents or guardians are present and giving the child permission. When consuming hard liquor, the age of majority increases to 18 years old.
In France, there is an exception that allows minors from the age of 14 to 18 to consume beer, wine, and cider only if they are with their parents. In May 2009, the French government created the website http://www.bougepas sansalchool . fr, which is a good example of how the law protects the safety of minors by providing helpful information. The website was created to discourage young people from getting drunk in public places.
In Ontario, Canada, a minor is anyone under the age of 19. The Municipal Alcohol Policy states that the minimum legal age at which an alcohol retailer can sell alcohol is 19 years old. As well, those who are underage cannot sell or serve alcohol. Any licensed premise found in violation of this will have a breach of contract which will result in a prosecution. Still, the provincial offenses act permits those who are at least 16 to 18 years of age to obtain an alcohol permit, which helps to protect minors from being exploited.
Under Malta law a minor who is anyone who has not reached the age of 17 cannot be served alcohol by the bar, restaurant, hotel or club personnel. Those who violate the law will face a fine. Still, a parent or guardian can grant a minor the right to drink for special occasions. Although Malta has strict laws that prohibits underage drinking, seldom are records made by the police regarding offenses against those who are under the legal drinking age.

Penalties for DUI

The penalties for those who are driving under the influence of alcohol are usually quite severe. They can include fines, revocation or suspension of the driver’s license, and potential imprisonment. The fines that are part of the case may be levied when the conviction occurs pursuant to an administrative order. Failure to pay those fines can result in a license suspension. Overall, these convictions can cost people in excess of $10,000.
The penalties for first offense in relation to Minnesota’s DWI law are even stricter than the national average. A first offense results in a mandatory $3,000 fine, no less than 30 days in jail and the loss of your license for at least a year.
The day of your arrest, the officer who charged you may have confiscated your license if you exhibited a BAC that was higher than a 0.08 percent. In many cases, you are given a pink temporary permit to get around for the time being, but in the meantime, you can request an administrative hearing.
This hearing is your chance to defend yourself against the DWI charge. The commissioner has the burden of proof – they must show their evidence that you were committing a crime. You will also be eligible for a lawyer if you so desire. This is especially useful if you are worried about the trial as a whole ruining your life.

Drinking in Public Offense

It is important to include this section because it points out that the definition does not actually require consumption of alcohol as indicated in some legal proceedings.
The SAE defines public intoxication as: "A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another." (emphasis added)
Under this definition being drunk in public is not enough to be charged with public intoxication. The individual must also appear to be endangering themselves or someone else, or to quote the SAE, "appear in a condition that the public would find alarming."
This is a very low bar to clear. The legislature has given the police complete discretion over what constitutes a public alarm regarding an individual’s intoxication. Once again we find ourselves at the police discretion point.
And now we arrive at the part where being drunk can make things worse, even when you’re not in the vehicle. A Public Intoxication charge is a Class C Misdemeanor in Texas.
A Class C Misdemeanor is defined in §12.42 of the Texas Penal Code as an offense for which the punishment is:
"A fine not to exceed $500."
It may come as no surprise that the most common disposition to a public intoxication charge is a fine. Very rarely is someone convicted and given actual jail time, however, a public intoxication conviction is a conviction, nonetheless.
A conviction of a Class C misdemeanor is public record. Your conviction can be seen by anyone by simply searching through the Texas Department of Public Safety’s online criminal database.
It won’t show up on a background check and your license will not carry points, but it can be seen.
In addition to being prohibited from carrying a firearm, individuals convicted of a misdemeanor crime involving "intoxication, deadly conduct, jeopardizing a child, allowing a child to be placed in, or exposed to, a dangerous situation, endangering a child, and driving while intoxicated" are not eligible for a Texas license to carry a firearm. Thus, being convicted for public intoxication could prohibit you from having a license to carry a firearm issued by Texas.
A Class A misdemeanor conviction automatically becomes a Class A Misdemeanor when someone receives 3 or more convictions of a Class C misdemeanor / petty crime. Thus, by racking up a few public intoxications you are making yourself more likely to be charged with a Class A misdemeanor.
At this point you have a public record conviction that is not eligible for expungement or non-disclosure. You may be banned from carrying a firearm in public places. And you risk being charged with a Class A misdemeanor. In short, drinking is not a good idea in public.
Public intoxication is by no means the end of a person’s life. People get public intoxications all the time, sometimes even walking home from the bar! Like any other conviction however, a court case resulting in a conviction of public intoxication should be avoided.

Underage Drinking Penalties

Underage drinking often creates a criminal offense. In Washington, underage drinking is treated as a civil infraction. If you are under 21 and cited for the first time for drinking/furnishing alcohol, you could be slapped with $300 fine, mandatory alcohol class attendance and/or mandatory community service hours. If you have been caught in a second offense, you could be facing criminal drunk driving charges and license suspension.
Additionally, a party host (under a ‘social host law’) may be cited for permitting underage drinking in the home. The fines vary, but in Seattle, a social host can receive a $500 fine. A person over 21 who sells or furnishes liquor to an underage person is guilty of a misdemeanor and can be fined up to $5,000 and imprisoned for up to a year.
It is important to note that it is not uncommon for the penalties imposed in court for DUI/DWI charges to include enrollment in alcohol treatment or substance abuse classes. Parties that violate the law may also be responsible for any injuries sustained by intoxicated minors and any accident-related injuries.

Professional Licensing and Employment Issues

For many professionals, a principal concern is what effect a conviction will have on their employment. It is a reality that many employers consider a conviction of any type or even an arrest as a disqualifier for hiring employees. This is especially true for nurses, teachers or other public sector jobs. Even for those individuals who are self-employed or who are hired by a family member, become subject to licensing by a state agency, such as the New Jersey Department of Motor Vehicles or the New Jersey Division of Alcoholic Beverage Control. These agencies can deny or suspend licenses based upon convictions. For example , a DWI conviction while on probation will almost always violate a condition of the license. Most notably, professionals principals should know that a DWI conviction will almost always be reported to the National Practitioner Database which will then be available to employers and states licensing boards. To minimize the impact of a DWI or other drug-related offense, a professional should consult an attorney with experience in dealing with the impact of the offense both in court and in terms of employment and licensing issues.

Drinking Offenses on Criminal Background Checks

A person convicted of any alcohol-related offense will now have a criminal record. A conviction for any alcohol-related offense, including over 0.08 and DUI, perfuming while impaired (aka driving while intoxicated) or allowing an unlicensed person to drive your vehicle after consuming alcohol will go on your record forever. In the past, if a person received a conditional discharge for any of these offenses, their criminal record would automatically be erased after one year.
Unfortunately, now, no matter how you are convicted, whether it is in a trial or a plea bargain, whether you receive a conditional discharge or not, you will have a permanent criminal record. This creates a whole new facet to consider when discussing a plea offer in any case. It is difficult enough to obtain employment when a person has a criminal record. Most employers will conduct a criminal background search on you when you apply for a position at their company. With a criminal record, a person will be denied that opportunity. In addition, a person will not be able to receive many state issued benefits and licenses with a criminal record. For many offenses, you will now also be denied housing with a criminal record.

Programs and Rehabilitation

When a person is charged with an alcohol-related offense in Canada, it is often possible for that person to take part in rehabilitation programs, and with the assistance of legal counsel have these rehabilitation efforts counted toward mitigating legal penalties. There are two main types of rehabilitation programs offered in Canada: mandatory and voluntary.
Mandatory programs are often tied to certain outcomes in criminal court. These programs often involve providing the court with proof of rehabilitation by attending a course on the effects of alcohol and drugs. Successful completion of the program may help to reduce charges or mitigate penalties.
Voluntary programs are less formal , and simply involve a person seeking and engaging in substance abuse treatment. This could involve counseling, medical treatment, or meaningful abstention from consumption of the substance that contributed to the situation.
Rehabilitation programs in Canada will be detailed by province in this section, to provide a state-by-state understanding of the types of programs offered in Canada.