Provided by Stenger, Roberts, Davis & Diamond, LLP
As the
school year winds down, prom and graduation parties get planned. While it’s an exciting time of year, part of
the party planning must be a conversation with your teen about impaired driving
and safe choices. As a parent, it is
important that you understand your exposure to financial liability for events
that occur both on your property and after a guest leaves, as well as the ramifications for your child should they engage in underage impaired driving.
Underage Drinking & Driving
Since the 1980s, most
states introduced zero tolerance laws due to an increase in accidents and
deaths relating to teen drinking and driving. A driver under 21 years of age can
be arrested for Operating a Motor Vehicle After Having Consumed Alcohol (New
York State VTL § 1192-a) after just one
drink (0.02 % compared to 0.07 % for an adult). An adjudication results in a
six (6) month suspension of your New York driver’s license/privilege. A “Zero Tolerance”
disposition is a civil administrative proceeding handled by a Department of
Motor Vehicles Hearing Officer. If the underage
driver’s Blood Alcohol Content is 0.07% or higher, the matter is handled in the
local criminal court and a conviction results in a one-year license
revocation.
Possible punishments
for underage drinking and driving often include community service and prevention
education classes. If the driver injures
or kills someone in an accident, however, they face a felony charge and jail
time. While some think the laws are overly strict, zero-tolerance laws have
proven to be an effective sanction for minors. Since being implemented, the
rate of teenage deaths and injuries in automobile accidents has gone down.
Alcohol-related automobile accidents are higher for drivers between the ages of
16-20 than it is for adults over the age of 21.
Outside of criminal and
civil penalties, teens convicted of a Misdemeanor Driving While Intoxicated or
Impaired by Drugs MUST disclose this on their college applications. A
criminal conviction can affect admission to college programs, financial aid,
and certain post graduate licensing requirements. In this competitive economy, a criminal
conviction will likely prevent an employer from hiring you over another
candidate. Incarceration can lead to
termination of employment and loss of student housing.
When you plan which
party you are going to, part of the plan has to be how will I get home. The ramifications for consuming alcohol or
drugs and then driving is simply not worth it.
Hosting a graduation or summer party for your teen
Parents
choose to host their child’s party at home for a variety of reasons. Typically,
convenience is the main reason. Some
parents believe that they can monitor safety and maintain control by taking the
car keys from all the kids when alcohol for adults is offered at these parties.
Given the eclectic mix of family and friends, it is near impossible to monitor who
has access to the alcohol. Even hosting a “dry” event does not protect you if
you become aware that kids brought alcohol to your home.
If
someone gets accidentally injured or worse, physically or sexually assaulted by
someone at your party, you can be liable. Claiming they were not invited will
not save you either. Even if an incident occurs at another location, you can
potentially be financially liable for damages if they left your home impaired
by alcohol or drugs. Talk to your
insurance agent about your policy limits before you take on the risk of a home
party. Make sure to have a family plan
in place to protect your greatest asset – your home.
Even
those of us with “good” kids can end up in a situation that quickly grows out
of control when half the school class suddenly shows up at your party as they
make the rounds around town. From the teen who jumps from the second story into
the pool and injures himself or others, to the fatal car crash that occurs
after a driver leaves your house, and everything in between, hosting a party
makes you responsible for everyone and everything at your home.
Jessica Segal of SRDD Law implores us to talk
openly with your teen about the risks and consequences the entire family faces.
Ask family and friends to take turns watching teen guests for signs of alcohol
or drug consumption. Don’t be afraid to call a teen’s parents if you become
aware they are under the influence – being the “cool parent” doesn’t save
lives. Getting ‘grounded’ is much better than ending up in the middle of a
multi-million-dollar lawsuit or dead.
Jessica
Segal is an attorney at Stenger, Roberts, Davis & Diamond, LLP (SRDD Law).
She has been practicing law for 18 years. She spent 17 years at the Dutchess
County District Attorney’s office where she prosecuted all levels of
crime.
Jessica is a volunteer member of the Council on Addiction Prevention
& Education of Dutchess County and speaks to high school students and their
parents at the annual Teen Driving Program.