Graduation season brings an increase in under-age drinking parties. Many parents worry that despite the law, their teenaged children may participate. While some believe it’s safer if this occurs at home with supervision, adults put themselves and others at serious risk when they permit underage drinking.

The law defines a “drug or underage alcohol house party” as a gathering of 5 or more people under the age of 21 who are unrelated to the person who owns or has control of the site. If the risk of property damage, personal injury or death are not reason enough to disallow an underage drinking party, the following may be persuasive:

1. Criminal consequences. Adults charged with facilitation of an underage party may face misdemeanor charges, which carry criminal penalties including up to $2,000 in fines and potential incarceration.

2. Civil liability. New Hampshire courts have held that a person who is injured as a result of a host serving alcohol may take legal action against the host if the service was reckless.

3. The risks for the underage drinkers. In addition to health and safety risks, those arrested for underage drinking will be at risk of a criminal record, which will affect their college admittance and requests for financial aid. It may also impede their ability to serve in the armed forces and negatively affect their careers and relationships.

While it may be appealing for adults to contain drinking to a single known location, the risks are significant. If you hear of a potential underage party at your property, we suggest that you try to prevent it from occurring, stop it if it is already underway, and/or request assistance from local law enforcement officials. These steps will greatly minimize social host criminal liability and potentially mitigate other unpleasant consequences.

We hope you will not be in the
position of requiring defense counsel, but in the event you are in need of assistance or a consultation, Attorneys Allison Ambrose and Kathrine Lacey are here to help.