Virginia Alcohol Laws and Parental Responsibility

As a parent of a high school junior or senior, your teen may soon be experiencing two of the most anticipated and rewarding events in his or her life: prom and graduation. However, what happens after these events can open the door to problems. Most teens don't stop celebrating when the prom is over and graduation ends; they attend parties.

Most of you are aware that underage drinking often occurs at and after prom and graduation. You'd like your teen to have a good time and celebrate, but you also want them to be safe. As parents, you also need to be aware of the legal penalties for breaking underage drinking laws. The use of alcohol compromises your teen's safety and opens them and you to legal consequences.

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Parental Responsibility and the Law

Some parents provide alcohol to minors at parties or fail to see the truth that alcohol use occurs. If you're a parent who is thinking about providing or allowing alcohol at a party in your home (or elsewhere) you ought to know the laws. Parents may be held responsible if someone, as a result of alcohol use:

• Gets into a fight and hurts someone
• Falls and hurts themselves or someone else
• Sexually assaults someone
• Damages property
• Dies from drinking too much
• Injures or kills someone while driving after leaving the party

You have a civil liability (meaning you can be sued) to pay damages if either a partygoer is hurt or a third person is injured. Virginia law recognizes your liability for negligence if you provide alcohol to a minor who causes injury to another or him/herself. You may also face criminal charges of contributing to the delinquency of a minor.

Even if the above negative situations do not occur, you may face legal charges for providing or allowing alcohol to be used by minors in your home (including your own teen). For example, it is against state law to allow (aid or abet) underage persons to possess or consume alcohol. This is a Class 1 misdemeanor and is punishable by up to one year in jail and/or a $2,500 fine. Purchasing, aiding and abetting or giving alcohol to minors is against the law.

LAYING DOWN THE LAW FOR YOUR TEENS

• It is illegal for anyone under 21 to possess or consume any alcoholic beverage.
• Virginia's Zero Tolerance law makes driving under the influence of any amount of alcohol a serious criminal offense for drivers under age 21.
• No one may use an altered or fake ID such as driver's license, birth certificate or student identification card to establish a false identity or false age to purchase an alcoholic beverage.
• Violators of the above are guilty of a Class 1 misdemeanor and, upon conviction, face a fine of up to $2,500 and/or a year in jail and/or fifty hours of community service, and can lose their driver's license for up to a year.

What Parents Can Do

Keep lines of communication open: Create clear family rules. Set a firm "no alcohol" rule and establish clear consequences for breaking that rule. Supply your teen with accurate information.

Support community and/or school-sponsored after-prom or graduation celebrations: Most celebrations are parent sponsored and include many facets of community involvement. If your school does not sponsor one of these events, please consider beginning a new tradition in your community.

Host a party: Provide a fun and alcohol-free environment in your own home by holding a party yourself.

Use a limousine: The Virginia Limousine Association encourages its members to sign a pledge stating they will not transport, supply or allow use of alcohol by minors in their vehicles.

Reflect on your actions: Look in the mirror at yourself and your actions. Be a positive role model. Are the signals you are sending your teen the right ones?

TIPS for hosting an alcohol-free party

Discuss your expectations and rules with your teen and include him/her in the planning.

1. No drugs or alcohol.
2. Lights must be left on.
3. Some rooms in the house are off limits.
4. Limit the number of people invited to an amount your home can comfortably accommodate (no open invitations).
5. Notify parents of guests about the starting and ending times and the party's location.
6. Avoid serving punch or serving soft drinks in cups, because they are easily tampered with. Serve soft drinks in cans or bottles.
7. Ask another parent to help chaperone, if needed.
8. When a guest leaves, do not allow him or her to return.
9. If you suspect that a guest has used alcohol or other drugs contact his or her parents immediately.
10. Make your presence known. Try to avoid retiring to another part of the house. Walk through the party area frequently. Should someone come who is not invited, ask him or her to leave immediately. If you have a problem with uninvited guests, call the police, they will assist you.

If you have any questions, please contact Education at the Virginia Department of Alcoholic Beverage Control, (804) 213-4688 or e-mail: education@abc.virginia.gov