It’s the Law.

Maybe it’s hard to believe that teens can vote, join the military, or even buy a pack of cigarettes when they reach 18 – yet, by law, they’re not supposed to drink until they’re 21. So, some people think it’s not a big deal as long as they don’t get caught, right? Think again. It’s important for both you and your teens to know the law and consequences of underage drinking in Hawaii.

Use and Lose

The consequence for anyone under 21 to drink, purchase, or even possess alcohol is to have their driver’s license or permit suspended for at least 180 days – regardless of whether or not they were driving under the influence. This law also applies to youth who use false identification when they buy or attempt to buy alcohol. If they have not yet reached driving age or do not have a license, their license eligibility will automatically be suspended. Other consequences include 75 hours of community service and 8-12 hours of alcohol counseling, for which the youth or their parent/guardian has to pay.

Zero Tolerance

It is illegal for anyone under 21 to drive after drinking any measurable amount of alcohol. For youth, the BAC (blood alcohol content) limit is just 0.02 versus 0.08 for adults – this means that even one drink can cause them to fail a breath test. Consequences include having their driver’s license suspended for at least 180 days. If they have not reached driving age or do not have a license, their license eligibility will automatically be suspended. For both laws, underage drivers must comply with an officer’s request for a breath, blood or alcohol test. Refusal may result in license suspension for up to a year.

Social Hosting

The Social Host Liability law states that it is illegal for adults to provide alcohol to anyone under 21. It is also illegal to host a gathering where a minor drinks, even if you don’t give the alcohol to them. The law applies to you even if you just know that underage drinking is occurring and you don’t stop it. If it leads to intentional acts of vandalism, fist fights, date rape, car accidents, or even possibly the transmission of sexually transmitted diseases, you – as the adult – can be held liable.

Consequences

You can be held both criminally and civilly liable for any injuries or damages that occur due to underage drinking that happens with your knowledge.

• Financial Liabilities: In addition to a $1,000 fine, you can be held financially responsible for any third party injury that occurs because of that drinking.
• Criminal Penalties: You can face up to a year in jail in addition to civil liabilities.
• Lawsuits and Criminal Charges: Recently, a minor who was paralyzed in a car crash after drinking at a friend’s house sued the homeowner. Even though the homeowner said she didn’t know teens were drinking in her home, her insurance company still had to pay $2.5 million to settle the case.