Prom and Graduation Parties: A Dangerous Season for Teens

It's that time of year...backyard barbecues, fun with friends, proms and graduation parties. If you're hosting a party, especially if minors are attending, you need to understand the potential pitfalls of social host liability. Simply put, if you serve alcohol to guests, you may be liable for any harm they cause while under the influence of alcohol. This includes any harm a guest causes to him or herself (i.e.-a single car accident). Although you may have a recent graduate or prom goer of your own, don't get caught up in the party whirlwind...consider yourself reminded: it is illegal to serve alcohol to anyone under 21 years of age.

To make sure that your underage guests don't imbibe or sneak their own alcohol into your party, hire a pro and have alcohol located in one highly visible spot. A professional bartender is trained to recognize underage drinkers, the effects of alcohol on guests and is comfortable shutting off guests when they've had enough. Also, a non-related professional bartender will confidently deny serving alcohol to high-schoolers who may be trying to finagle a drink. By hiring a third-party to serve alcohol you are insulated from liability.

You may not be serving alcohol at your high school graduation or after prom party. Nobody should and it is illegal. But what if your son or daughter dupes you, and does attend a party where alcohol is available?  ... and what if the police respond? Parents repeatedly ask me two questions:  Can police compel my child to take a breathalyzer? Do the police have the right to search handbags, backpacks, etc.?

Breathalyser Tests:

The short answer is “no”; no one is obligated to take a breath test. In addition, a refusal to take a breathalyzer may not be used against an individual in a subsequent criminal prosecution. However, a refusal to take a breathalyzer exam at a police station after an arrest for drunk driving (DWI or OUI) will result in a significant suspension of the right to drive a motor vehicle.

At a party, police are usually demanding that kids take a portable breath test (PBT) to monitor alcohol consumption. The PBT –as opposed to the breathalyzer machine at the station-is not considered reliable and the results are not admissible in court. A refusal to take a PBT cannot, under any circumstances, lead to the loss of the right to drive.

Your child can refuse to participate in the PBT without fear of criminal prosecution. Of course, police may notify a school of suspected alcohol use based on a student’s refusal to take the PBT. However, without a reading from a PBT, a school may have limited evidence to impose sanctions on a student.

Searches:

The right of police to search personal effects is significantly limited by the U.S. Constitution and the Massachusetts Declaration of Rights. In general, prior to an arrest, police may only search bags, etc. if they have a reasonable basis for believing the bag contains contraband (drugs, weapons, alcohol in case of a minor). The basis for searching must be specific to the owner of the bag. For instance, the owner of a bag was observed placing a flask-like bottle in his or her bag. Mere presence at a party with underage drinking occurring is not a sufficient basis for searching all handbags, backpacks, etc.  The standard remedy for an unlawful police search is the suppression of the evidence in criminal prosecutions.

However, be advised that police can lawfully search a handbag, etc. if the owner consents to the search. The request to search from the police may often sound like a demand, particularly to a young person who may be intimidated by authority. Nonetheless, a student can refuse to give consent without repercussions from the justice system. Of course, participation in voluntary activities (school dance, flying on a commercial airplane, entering a ballpark) may be conditioned on consenting to a search of personal effects. A refusal to allow a search, though, will not lead to criminal charges but denial of participating in the activity.

The best course of action in keeping our kids safe is to monitor their plans closely, especially this time of year when they are feeling particularly invincible. If they are attending an after-prom or graduation party, call the parents hosting the party ahead of time and ask them out rightly if there will be alcohol available. If so, your teen son or daughter may need to miss that particular celebration. It's going to be a long summer, keep you eyes on your kids, so that your prom goer will be back at their desk in September and your senior will get to experience being a freshman in college.

 For more information, please visit my website at www.reinhardtlawoffices.com.