While it’s common knowledge that the legal drinking age is 21 years old in the United States, and those caught indulging in underage drinking will face serious consequences, many don’t know that it is also considered a crime to supply alcohol to a minor. Regardless of whether an adult sells it, provides it, or gifts it, all states prohibit any party from knowingly giving an underage person alcoholic beverages and will punish such activity as a criminal offense. To help you better understand the risks associated with encouraging underage drinking, our DUI attorneys in Wichita, Kansas, at the McConnell Law Firm have detailed the potential consequences of supplying alcohol to a minor. Learn more below!
Understanding Intent
In an attempt to reduce the number of underage Driving Under the Influence (DUI) and Minor In Possession (MIP) charges, many states have criminalized the act of supplying or selling alcohol to a minor. A wide range of actions can be considered “supplying” alcohol to a minor, including anything from directly handing liquor to an underage individual to hosting a party where liquor is readily available for consumption by a minor. The important thing to remember when charging an individual with supplying alcohol to a minor is that the accused has to have knowingly provided the alcohol or that their intent resulted in an underage person drinking alcohol.
“There are a couple of different statutes when it comes to being charged with supplying a minor with alcohol in Kansas,” said Jonathan W. McConnell, DUI attorney in Wichita, who founded the McConnell Law Firm. “They have really intensified the penalties for adults supplying the alcohol in the past 20 years in an attempt to prevent children from underage drinking. Before this, kids would primarily be held responsible, but now parents are also being charged with a criminal offense if they choose to supply alcohol. This can result in either a misdemeanor or a felony charge in certain cases.”
Penalties for Supplying Alcohol
Individuals who supply or sell alcohol to minors can face serious consequences, including fines, probation, and jail time. Depending on the situation, such an offense can either be charged as a misdemeanor or a felony, but most often, supplying alcohol to a minor will be considered a misdemeanor offense. To be considered a felony offense, some type of accident or injury will occur as a direct consequence of the use of alcohol supplied to a minor or if the person providing the alcohol has been convicted of multiple similar offenses. Some of the most common penalties associated with supplying alcohol to a minor include the following:
Fines—Fines for supplying alcohol to a minor differ depending on the severity of the crime and the state in which you live, with a misdemeanor conviction in the state of Kansas resulting in a minimum of $200. Oftentimes felony fines tend to be much higher and have a maximum of $100,000. Additionally, a person convicted of supplying alcohol to a minor will be required to pay court fees that commonly range from $100 to $200.
Probation—For first-time offenders, probation sentences are common and may require you to perform specific actions while serving probation, such as reporting to an appointed probation officer, maintaining gainful employment, and alerting any law enforcement officers you encounter that you are on probation.
Jail Time—While less common for misdemeanor offenses, jail sentences for misdemeanors may result in a short time spent in a local jail. Felony convictions for supplying minors with alcohol will likely result in prison sentences ranging from five to 17 months.
Additional Penalties—For businesses and establishments caught serving underage individuals, administrative penalties will be incurred in addition to criminal penalties. A licensed retailer may be required to pay a set fine for each violation and may face having their liquor license suspended or revoked.
“When it comes to an employee or a bartender serving liquor to an underage customer, there is a difference in penalties. A bartender would be looking at massive fines and potential criminal charges,” said McConnell. “Additionally, they would lose the ability to work at a bar or find employment that requires serving alcohol in the future. Similar establishments like gas stations and liquor stores will experience the same penalties, but it is rare to encounter this issue unless a sting operation is in place to identify and charge a criminal case.”
Have You Been Accused?
If you have been charged with a DUI, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a DUI attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
