What a Criminal Lawyer Tells His Kids about… Social Host Liability

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Underage drinking is a difficult topic for any parent to handle. We all know it’s pretty much inevitable that our children are going to imbibe before their twenty-first birthday, but that doesn’t make it any easier to handle. As a father with two teenage daughters I find myself always wondering how to best manage this subject, especially now that they’re both heading off to college soon.

I’m not naïve enough to think they’ll abstain from drinking entirely, and I’m not convinced that sending our children off to college without any exposure to alcohol is the best course of action. After all the more you tell someone not to do something, the more likely they are to do it. And if you’ve continually told your kids never to drink and then send them off to college where drinking is rampant, they might not be prepared for their newfound freedom.

Some parents feel that kids should have a safe place to do things they might end up doing in college, like drinking. And perhaps by introducing your children to alcohol in a responsible way, you can take the forbidden excitement out of drinking, making them less likely to go to extremes at school.

But unfortunately, the law is not on your side for this one.

In both Nassau and Suffolk County, allowing minors to drink in your home can end with you being arrested and fined. The long term legal repercussions are relatively minor but the arrest is likely be covered by local news media (Patch, News 12, Newsday) and then quickly disseminated through Facebook community groups—meaning a lot of public embarrassment for you.

The last thing most people I know want is to be arrested, have to go to court a number of times and have that arrest be the first thing that comes up when you Google their name.

I understand kids drink, but if you allow them to drink in your home you must be aware of the possible consequences.

Social Host Liability

In both Nassau and Suffolk County, pursuant to their social host laws, it is illegal for anyone over age 18 who owns or rents a home to “knowingly allow the consumption of alcohol or alcoholic beverages by any minor” on the premises. The law also punishes any homeowner or tenant who learns that alcohol is being consumed by minors there and fails to take corrective action.

Just two years ago Suffolk County decided to raise the penalty category of this law from a violation to a misdemeanor crime, which also gives the police more freedom to investigate potential instances where they think underage drinking is taking place. You definitely don’t want that to be your home.  In Nassau, violation of this law also constitutes a misdemeanor.

If it’s your first offense you could face fines of up to $500, and for second and subsequent offense you could be looking at thousand dollar fine and even possible jail time.

Social Host Law also extends liability for damage done by a person who consumed alcohol to also include those who provided it, and sometimes to those in whose residence the alcohol was consumed.

So for example, if your teen drinks too much at a party at the Smiths’ home, as the owners of the place where that happened, the Smiths may be held responsible for damage your intoxicated offspring happens to suffer, or even to cause. That may be true even if the Smiths did not provide the alcohol, didn’t know that drinking was going on, or weren’t even home when the drinking was occurring.

In some states (including Connecticut and New Jersey), the host can be held liable under a general social host liability law, which applies not just to minors, but to anyone permitted to drink to excess.

The bottom line is that it’s not a good idea to allow underage drinking in your home. And considering its possible for kids to do it anyway—especially if you leave them home alone one weekend—it’s better they know the law so that they hopefully don’t subject themselves, or you, to big-time legal liability.

What You Can Do to Limit Your Risk

  • If they don’t already know, make sure your family understands what host liability is, and how serious its consequences can be. And while it’s far from the only reason your children should be careful in how much and with whom they may drink, it’s another powerful one. Make sure they know your ground rules for having friends over to your home, especially when you’re not there.
  • When your kids entertain their friends in your home, don’t tolerate any use of alcohol by anyone under age 21; it would be better to keep the event completely alcohol-free (because it’s likely to be too difficult to prevent them from sharing with younger guests).
  • If you find an underage guest consuming alcohol, you need to promptly demand it stop, or the minor leave the premises (but if the underage guest appears intoxicated, don’t let him or her drive); call a parent or guardian instead.
  • Finally, always set a good example for them. Let them see that you drink responsibly and insist all guests do the same. It’s the best way to avoid becoming liable for their acts.

What a Criminal Lawyer Tells His Children About…Driving With a Handheld Device.

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I thought I would start a series of blog posts to provide lessons I’ve learned in over 20 years’ criminal law practice, to help you and your family. Being a criminal defense attorney gives me an up close and personal view of all the actions one can and will get in trouble for. I have always discussed and given my kids advice based on the situations I see. Situations such as underage drinking, having a fake ID, and their right to remain silent when being questioned by the police (as you can see I am lots of fun at home).

I want to focus on issues like these because I represent many students and families who say to me “if we had only known.” Well I want to give people information so they know. And then their kids can know. And hopefully bad situations can be prevented.

So, I’m calling this series  “What a Criminal Lawyer Tells His Children about…,” and my first topic is: “What a Criminal Lawyer Tells His Children about… Phone Use While Driving.”

Probably everyone knows about the serious problem of drink- or drug-impaired driving. Such chemical impairments diminish drivers’ perception, judgment and reaction time. In 2015, according to statistics from the federal Department of Transportation, 10,265 people — almost a third of U.S. driving fatalities – died in alcohol-impaired accidents. Impairment from drugs other than alcohol played a part in about one-sixth of all motor vehicle accidents. Surprisingly, texting while driving is six times more likely to cause an accident than drunken driving is.

You and I can no doubt remember when there were no such things as cellphones, much less smartphones. And now they’re everywhere – including inside vehicles moving through the streets of your town or over the highways. And it’s not just for programs giving GPS route guidance – there’s everything out there from drivers making quick calls home to those sending and receiving emails or texting, or using all sorts of apps.

It’s been estimated that at any given year, about 660,000 accidents occur while U.S. drivers are using their phones, and one or more injuries result in about half of those accidents.

The Dangers of Distracted Driving

In recent years, the significant part distraction plays in road accidents has become clearer. The National Safety Council says distracted or exhausted drivers have 1.6 million accidents every year, nearly a quarter of all vehicle accidents in America. A Federal Highway Administration study found those who texted while driving were 23 times more likely to crash, while talking on a hand-held cell phone while driving made a crash four times more likely.

The reason is simple: there is danger anytime a driver’s attention is diverted from the safe operation of his or her vehicle, the road, or the behavior of other drivers or pedestrians. If a driver traveling at 55 miles per hour spends five seconds looking at a text, during that brief instant, the vehicle will travel over the length of a football field with the driver’s eyes off the road.

Since they’re the least experienced, young drivers are at special risk from distracted driving. Texting alone kills 11 teens every day. Despite substantial efforts to bring these dangers to the attention of drivers, especially younger drivers, through education and public service announcements (for examples, see the Texting and Driver Safety website), 35% of young drivers admitted in an AAA survey that, although they understood the danger of texting while driving, they still did it anyway.

The threat to life and well-being is by far the biggest danger of distracted driving, but there can be other serious consequences. If you’re ticketed for improper cell phone use or texting, you can expect, at a minimum: five points on your license, a $150 fine, and higher auto insurance premiums. But distracted driving also poses serious dangers not only to yourself, but also to pedestrians, other drivers, and passengers in your own and other vehicles.

No one expects to be involved in a serious accident. But the reality is: all it takes is a split second for it to happen. And if there’s any evidence, either from witnesses or the records of the driver’s phone use right before such an accident, that driver’s life will changed for the worse in an instant. If you’re driving but preoccupied with dialing, talking, facebooking or whatever, your inattention could result in a serious mishap that might open you to serious legal consequences, from civil lawsuits to criminal charges, such vehicular assault, which is a felony.

Increased concern about distracted driving also makes prosecutors and courts more reluctant to accept plea bargains for guilty pleas to lesser charges, and when they do, you’ll be required to install a monitor tracking all calls from your phone while your vehicle is moving, and making that record available for court review, so failure to comply will lead to the stricter charge being reinstated.

What Should You Now Tell Your Kids

  • If they don’t already know, make sure your family understands how threatening distracted driving is. And be sure to set clear guidelines, including not to ride with a driver who uses distracting devices.
  • Educate them on the impact of the laws against using distracting electronic devices while driving (All but a few states have them). New York, Connecticut and New Jersey all ban any use of handheld devices while driving, and in CT and NJ drivers under age 18 cannot legally use any device, even if not handheld, while driving. Violations can bring fines, license points, higher insurance premiums, and even jailtime.
  • Remind them pedestrians also need to use caution, and can get in trouble if they’re too distracted by their cellphone, rather than watching where they’re going (an area in which some jurisdictions are beginning to legislate).
  • Give them a few useful tips to reduce or eliminate the likelihood they’ll be tempted by their devices. They could turn them off, shut off notifications, or put them out of sight and reach. Or they could give the device to a passenger, if someone’s thumbs need to be on your phone. Or consider a variety of apps that can prevent them from driving and texting.
  • Finally, always set a good example for them. And tell your kids, it’s not the ticket, the fine or the points. It’s staying safe, and avoiding something that could drastically change their life.