If you have ever hosted a party, then you know how impossible it can be to keep an eye on guests and to know what everyone is doing at all times. This can be doubly true when alcohol is involved. You can easily become distracted by a group of people and lose sight of what is happening around you.
This is natural, yet in San Diego, if you are hosting a person under the age of 21 years old and they drink alcohol, you could face legal issues. The county has set up steps to reduce underage drinking and underage DUI, including the passage of a Social Host Ordinance. Take a look at what it does, and then ask yourself if you think this is fair.
San Diego’s Requirements for Hosting a Party
In every county in California, it is against the law for an adult to allow a minor to drink alcohol or do drugs or to contribute to those actions. These laws are in place to prevent adults from helping minors commit crimes by buying them alcohol or otherwise encouraging bad behavior. Most people find these laws reasonable.
The Social Host Ordinance in San Diego goes several steps further. It holds that if someone is hosting a party and has invited guests who are under the legal age for drinking, then that host must ensure that their underage guests to do drink alcohol while on their property.
The law holds that the host can be criminally liable if they knowingly offer drugs or marijuana to an underage party, if they know their underage guests are drinking or using drugs illegally and they do not take actions to stop it, or if they should have reasonably known that there were guests drinking or smoking while underage.
If the host of a party becomes aware of underage people partaking in drugs or alcohol, then the host is required by law to immediately take steps to prevent further drinking or drug use. This can include taking the substance from the guest, contacting the guests' parents, and making sure that the underage drinker does not drive. If the host does not take these actions, they can be charged with a misdemeanor – and they can face civil liability if an underage driver gets into a DUI accident.
Potential Consequences for Not Following the Ordinance
If a person is convicted of violating the Social Host Ordinance, they can face up to six months in county jail, fines of as much as $1,000, summary probation, and additional fees or law enforcement services. Note that it is not just the parents who can be arrested – an underage person can be arrested for this crime as well.
If you have been arrested for a DUI or drug-related crime, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.