The drinking age in Rhode Island and throughout the United States is twenty-one (21) years old. Each year, teenagers and young adults in Rhode Island are charged with underage alcohol offenses. These offenses are all age specific, meaning that they are only crimes because of the age of the parties. The four (4) common underage alcohol offenses are as follows:
1. Possession of beverage by underage persons 3-8-10. (Underage possession of alcohol) - Any person who has not reached his or her twenty-first (21st) birthday and has in his or her possession any alcoholic beverage.
The penalties for a first offense include a fine of one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense, thirty (30) hours of community service and a minimum sixty (60) day suspension of his or her driver's license.
2. Unlawful drinking and misrepresentation by underage persons – Identification cards for persons twenty-one and older 3-8-6. (Use of a Fake ID) - A person who has not reached his or her twenty-first (21st) birthday who enters any premises licensed for the retail sale of alcoholic beverages (i.e. a bar, liquor store, restaurant, etc) for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or
A person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or
A person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of the following documents (i.e. a fake ID).
The penalties for a first offense include a fine of one hundred dollars ($100) and not more than five hundred dollars ($500), thirty (30) hours of community service and a thirty (30) day suspension of his or her driver's license.
3. Transportation of alcoholic beverages by underage persons. 3-8-9 (Minor Driver Transporting Alcohol) Any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle. In these cases, even if the alcohol was lawfully purchased, if the driver of the vehicle is under twenty-one (21) years old, they can be charged with this crime.
There are two (2) exceptions to this charge. The first exception is that the person is transporting unopened alcohol as part of their job/employment. The second exception is that the person is accompanied by a parent or other family member who is over the age of twenty-one (21).
The penalties for a first offense include a fine of not more than two hundred fifty dollars ($250) and up to a thirty (30) day suspension of his or her driver's license.
4. Furnishing or procurement of alcoholic beverages for underage persons 3-8-11.1 (Providing Alcohol to Minors/Allowing Minors to Drink on Your Property) It is unlawful for any person twenty-one (21) years of age or older:
(1) to purchase any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;
(2) to purchase any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;
(3) to knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday;
(4) to procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or
(5) to otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.
The penalties for a first offense if you are between the ages of eighteen (18) and twenty-one (21) include a fine of not more than five hundred dollars ($500). Additional penalties of up to thirty (30) hours of community service and attendance at an educational program may be imposed.
The penalties for a first offense if you are twenty-one (21) years or older include a fine of not less than three hundred fifty dollars ($350.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding six (6) months, or both.
If you or a family member has been charged with providing alcohol to minors, underage possession of alcohol or other social host violations, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.