This may sound like common sense, but I would like to take a moment to write an article for our younger readers on a topic that is near and dear to their hearts–alcohol.
Obviously, I am writing this even though my practice benefits from the (zealous) enforcement of this statute. Despite the fact that I stand to gain a significant profit here, I have a strong opinion to the contrary.
I will stick to the key demographic of 18-21, since this is the age group with the greatest concentration. I can go on and on about the arguments in favor of letting these young people be. I can start with the anomaly that they are old enough to serve in the military and die for their country, but not old enough to decide whether to consume alcohol. They are also old enough to drive cars and assume all (potentially deadly) responsibilities therewith, but not old enough to consume alcohol. They are old enough to be tried as adults in the criminal justice system, but not old enough to be considered adults when it comes to the choice as to whether to consume alcohol. So we pass a statute making it illegal for persons under the age of twenty one (21) years to possess or consume alcohol, because the Bible–or some other abstract authority–has told them so.
I mean, really, these kids (assuming they were busted at a party) are being comparatively responsible. These kids could be driving around in vehicles while intoxicated, putting property and other people’s lives at risk. Aren’t they doing the right thing by staying at a party? Wouldn’t you want your child at a party versus cruising the streets while intoxicated?
What normally happens in these circumstances is that the kid(s) end up with an alcohol awareness or treatment, and a day or two of community service–that is–if they hire an attorney to represent them. If they don’t, the criminal charge will likely end up on their permanent record, and the subject of every background search by every employer, for every job they apply for for their entire lives. Is this really necessary?
This is not to mention the fact that their parents have paid fees and costs and possibly the cost of hiring legal counsel, for something that seemingly all teens and early twenty-somethings engage in. Maybe if it wasn’t illegal, it would lose some of its appeal in being taboo, and the kids would act relatively more responsible–like their European counterparts. Who knows.
When it comes down to it, this statutory violation is on the books because police officers want discretion in breaking up these potentially riotous parties. If it weren’t illegal for a 20 year, 11 month old to drink, the police would be left powerless, and may have to make repeated trips to a house or apartment simply to ask partygoers to turn the music down. That would be no fun, and besides, the state would miss out on a major opportunity to collect revenue; let’s be honest.
So young adults between 18 and 21: I cannot advise you on how to break the law, and I don’t encourage you to do so. I would strongly encourage you to wait until age 21 to consume or possess alcohol. But, you do have rights, and it is important that you protect them. Here are a few pointers to make sure that your rights are not violated:
1. Keep the music down.
2. Don’t invite too many people to any single party.
3. If the police are called, designate a representative to speak with them.
4. Immediately turn the music down or off, and quiet all party guests.
5. The designated person should always step outside the apartment or house to speak with the police.
6. The designated person should always securely close the door behind him/her when he or she steps out to speak with the authorities.
7. The designated person should be aware that police officers do not have a right to inspect the apartment or residence.
8. The designated person should be aware that police officers will persistently attempt to enter or search the apartment or residence, often using a combination of intimidation or persuasion to get inside–but again–they have no legal right to do so.
9. The designated person should be aware that he or she has the right to refuse any and all searches of the residence or apartment.
10. Always be courteous and polite to law enforcement, and follow all instructions.
Well, I sincerely hope that, first of all, persons under the age of 21 have the discipline not to drink until they are they appropriate and legal age. I also hope that this information guides you and preserves your legal rights. If you do, however, find yourself in a legal situation resulting from the underage consumption of alcohol, the Porter County attorneys at SFT Lawyers can help.