Local, State and Federal Laws

Mixing Minors and Alcohol

Here are some of the potential consequences when mixing alcohol and anyone under 21.

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 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, rather than any other form of identification, 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). 

In addition, 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

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

This includes selling drink tickets, cups, or charging for “all you can drink.”

DWI (Driving While Intoxicated)

$500-$2,500 fine, jail time (up to 7 years), license revocation

First offense is a misdemeanor; second or third offense within 10 years is a felony.

BWI (Boating While Intoxicated

$500-$10,000 fine, up to 7 years jail time.

Second offense within 10 years is a felony.

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.


$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

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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