Local, State and Federal Laws

 

If you Provide Alcohol to Someone Who is Under 21

  • $500-$1,000 fine and 1-3 years in jail

 

Unless it’s a parent or part of a legitimate educational program, anyone providing alcohol to a person under the age of 21 may be charged with Unlawful Dealing with a Child in the First Degree, which is a Class A Misdemeanor. Also, under New York state law, the person who provides alcohol to a minor is liable and may be sued for any damages or injuries caused by the intoxicated underage person.

 

If You Are Under 21 and …

You possess alcohol with the intent to consume it

  • $50 fine and/or completion of an alcohol awareness program

 

You decide to drive with any amount of alcohol or other drugs in your system

  • $125 fine plus $100 suspension termination fee

  • six-month suspension of your driver license

  • Subsequent violations will result in license suspension of at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee.

  • If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired  (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court.

 

You use a fake ID (includes altered, borrowed, stolen or counterfeit identification, or using false birth documents)

  • Fictitious license: up to $300 fine (plus $85 surcharge)

  • Forgery: up to $1,000 fine and 3 years in jail

 

The Alcoholic Beverage Control Law requires sellers of alcoholic beverages to demand a driver’s license, passport, or armed services ID card as evidence of age. Alteration of one of the required forms of official ID may constitute “possession of a forged instrument...with intent to defraud,” which is a class D felony under New York State penal law. If a New York State driver’s license is altered, the court may suspend the person’s license to drive a motor vehicle for three months (first violation); for six months (second violation); for one year or until the holder reaches the age of 21, whichever is the greater period of time (third or more violations). 

According to Alcohol Beverage Control Law, the penalties for using a fake ID are as follows: 1st offense: 30 hours community service and the Court may mandate an alcohol awareness program; 2nd offense: up to 60 hours community service and participation in an alcohol awareness program; 3rd and later offenses: up to 90 hours community service and evaluation by an OASAS-licensed treatment provider. 

 

Selling alcohol without a license (includes selling drink tickets, cups, or charging for "all you can drink")

Fine of up to two times the county license fee; 30 days to 1 year jail time.

 

Driving While Intoxicated

Under 21 with a BAC of .02 or higher = Zero Tolerance. This can result in in a $125 fine and a suspension or revocation of your driver's license until you turn 21.

The Sheriff's Department estimates that the cost of a first-time drunk driving conviction can range from $5,000 to over $9,000, including fines, legal fees, DMV costs, mandated education, increased insurance premiums, and other expenses.

Also, insurance companies can deny no-fault insurance to persons who've been convicted of a DWI, and if you live with your parents, THEIR insurance premiums are likely to increase.

Driving While Ability Impaired by a Drug

First-time penalties range anywhere from $350 fine, 15 days in jail and a 90-day license suspension (traffic infraction) to a $2,500 fine, 1 year in jail and a full-year

license revocation (misdemeanor). Penalties increase with subsequent convictions, and a second offense of driving under the influence of alcohol combined with other drugs (including marijuana) is a Class E felony, punishable by up to $5,000 fine, 4 years in jail, and a one-year license revocation. Misdemeanor and felony convictions stay on your record forever and must be reported on job and grad school applications.

If you refuse to take a blood or Breathalyzer test, you can still be fined and your licensed revoked. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent license revocation. For more information about driving under the influence, click here:

http://www.stopdwi.org/initiatives-Livingston

Open Containers

$250 and/or 15 days in jail

No person shall carry, transport or have in his possession with the intent to consume in any public place, other than permitted public places, any open, resealed or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description as defined by the Alcoholic Beverage Control Law.

 

Littering

$250 and/or 15 days in jail

No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public place other than in receptacles expressly for that purpose.

 

Noise violation (Village of Geneseo)

Fine up to $250; violators may be issued appearance tickets or arrested

The village noise ordinance prohibits “unreasonable noise” between the hours of 11 p.m. and 7 a.m. and/or noise heard 60 feet from its source or beyond any property line.

View information on obtaining a noise permit application

 

SOCIAL HOST (VILLAGE OF GENESEO)

Holds party host responsible if underage guests drink alcohol. First offense: $250 and/or up to 15 days in jail; second and subsequent offenses: $500 and up to 15 days in jail plus successful completion of alcohol and other drug education program.

View the complete Social Host Law here

 

View the Social Host FAQs here

 

View the Social Host Info. Card here

 

Other state, local and federal laws

For more complete information on laws pertaining to alcohol and other drugs, see Appendices C-E of the Student Handbook

 

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