Underage Drinking/Driving

Underage Drinking/Driving Criminal and Civil Liability Timothy King Hank Werner Bernards Twp. Police

Video • Texting while driving: www.youtube.com/watch?v=oUbVXKjJK5M

Teen Drivers: Fact Sheet • On average it takes a new driver up to 3 years to be considered experienced. • Motor vehicle crashes are the leading cause of death for U.S. teens. • In 2007, twelve teens ages 16 to 19 died every day from MV crashes.

How BIG is the problem • In the U.S. during 2006, 4,544 teens ages 16 to 19 died of injuries caused by MV crashes. • During the same year nearly 400,000 motor vehicle occupants in this age group sustained nonfatal injuries in MV crashes. • Overall, in 2006, teenagers accounted for 10% of the U.S. population and 12% of crashes.

The Cost • Same age group account for 30%, ($19 billion) of the total costs of MV injuries among males. • Females, account 28%, ($17 billion) of the total costs of MV injuries.

Who is most at risk • The risk of MV crashes is higher among 16 to 19 year olds then any other age group. • In fact, per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash. • Those at especially high risk: • Males, teens with passengers and newly licensed teens.

Major Risk Factors • Inexperience, teens are more likely than older drivers to underestimate dangerous situations. • Teens are more likely to speed and allow shorter following distances. • Among male drivers who were involved in fatal crashes in 2006, 38% were found to be speeding at the time of the crash, 24% had been drinking.

Risk Factors Continued • Compared with other age groups, teens have the lowest rate of seat belt use. In 2006, 10% of high school students reported they rarely or never wear seat belts when riding with someone else. • At all levels of Blood Alcohol Concentration (BAC), the risk of involvement in a motor vehicle crash is greater for teens than for older drivers.

Risk Factors Continued • In 2006, 23% of drivers ages 15 to 20 who died in MV crashes had a BAC of 0.08% or higher. • In a national survey conducted in 2006, nearly three out ten teens reported that, within the previous month, they had ridden with a driver who had been drinking alcohol. • In 2006, 3 out of 4 teen drivers killed in MV crashes after drinking and driving were not wearing a seat belt.

How can MV injuries be prevented • There are proven methods to helping teens become safer drivers. • Research suggests, most graduated DL programs are associated with reductions of 38% and 40% in fatal and injury crashes, respectively, among 16 year old drivers.

Prevention • As parents, know New Jersey’s GDL laws. • Communication! Talk to you child about the dangers involving driving. • It can happen to you! Never think this won’t happen to your teen. Prepare them for safe driving and give them the best chance. Ignoring the odds won’t save your child. • Team effort!

Prevention • Create a parent-teen driving agreement. • This will make driving rules in your house completely clear. What time do you want your teen home, what weather can they drive in, length of time they can drive. • State clear consequences in the agreement as well. • When the agreement is broken, follow through with consequences.

Prevention • Set good driving examples yourself. • If you want them to always wear their seat belt, then you better be wearing yours.

33:1-81. Purchase of alcoholic beverages; unlawful acts by persons under legal age; purchases by another for minor; disorderly persons; suspension of driver's license; alcohol education and treatment program • It shall be unlawful for: • (a) A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or • (b) A person under the legal age for purchasing alcoholic beverages 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 any alcoholic beverage; or • (c) Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or • (d) Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages. (e.g. Cops in Shops)

Penalties • Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months. • In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

2C:33-15. Possession or consumption of alcoholic beverage in public place or motor vehicle by person under legal age • a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00. • b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. • c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

2C:33-17. Offer or service of alcoholic beverage to underage person; disorderly persons; exceptions • a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person. • This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.

Parents may be Criminally Liable for Parties even if they are NOT Home • 2C:33-17b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.

STATE of New Jersey v. HAARDECriminal Liability of 18 year olds serving minors (anyone under 21). • “We cannot conceive that the Legislature intended to permit, for example, a 20-year old to serve alcoholic beverages to a 13-year old and escape prosecution. If the underlying purpose of the statute is to discourage drinking by persons under the legal age of 21, it must be applied to prohibit all adults 18 years of age and older from serving alcoholic beverages to underage persons.”

39:4-50 Driving while intoxicated • (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

Penalty .08% 1st Offense • (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

Penalty .10 % 1st Offense • (ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, orthe person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

Penalty for 2nd Offense • (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

Penalty for 3rd Offense • (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shallbe sentenced to imprisonment for a term of not less than 180 days in a county jailor workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

39:4-50.14. Operation of motor vehicle by person who has consumed alcohol but is under the legal age to purchase alcoholic beverages; penalties • Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08% , by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days. • In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

Video • DWI www.youtube.com/watch?v=gyHdt_Wvn1w

Civil Liability • 2A:15-5.6. Exclusive civil remedy for damages in accident involving vehicle resulting from negligent provision of alcoholic beverages by social host to person of legal age; conditions for recovery; blood test presumptions

(1) The social host willfully and knowingly provided alcoholic beverages either: • (a) To a person who was visibly intoxicated in the social host's presence; or • (3) The injury arose out of an accident caused by the negligent operation of a vehicle by the visibly intoxicated person who was provided alcoholic beverages by a social host. • c. To determine the liability of a social host under subsection b. of this section, if a test to determine the presence of alcohol in the blood indicates a blood alcohol concentration of: • (1) less than 0.10% by weight of alcohol in the blood, there shall be an irrebuttablepresumption that the person tested was not visibly intoxicated in the social host's presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another; or • (2) at least 0.10% but less than 0.15% by weight of alcohol in the blood, there shall be a rebuttable presumption, that the person tested was not visibly intoxicated in the social host's presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another.

MORELLA v. MACHU235 N.J.Super. 604, 563 A.2d 881 • Motorist who was injured in accident with car driven by intoxicated youth who had been present at party given while parents of youth's teenage friends were out of town brought action against parents • We conclude that parents may be liable under common-law principles of negligence, agency, proximate cause and foreseeability if they leave their teenagers in circumstances where improper supervision while they are absent from the home is likely to lead to social gatherings where alcohol is consumed by underage drinkers who then drive and cause injuries to innocent victims.

Municipal Ordinance • 40:48-1.2. Underage possession or consumption of alcoholic beverage on private property; ordinance provisions • a. A municipality may enact an ordinance making it unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. The ordinance shall provide that a violation shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. • b. The ordinance shall provide that the court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.

Questions? • Any further questions please email us at Tking@bernardsboe.com Hwerner@bernards.org • Thank You

Underage Drinking/Driving