Not Drinking at a Party

[xnotion]

What is the name of your state (only U.S. law)? New York

I am currently a Freshman in college, and was invited to attend a party in the apartments on campus. I have already decided that I will not drink (I can say no too), as it is against my morals. However, I don't want to sit home in my dorm every Friday night (yes, I've joined clubs, there's just not much going on on Friday nights). My question is: can I get in trouble for attending a party where there is drinking (and obviously underage drinking occurring) if I don't ever drink (not even a sip)? I am really cautious about this because I have a huge scholarship here and don't want any conduct issues. I was wondering if people could chime in with typical university policies assuming the party were to get "busted" by campus security or the police. Thanks!

 

[CdwJava]

My question is: can I get in trouble for attending a party where there is drinking (and obviously underage drinking occurring) if I don't ever drink (not even a sip)? I am really cautious about this because I have a huge scholarship here and don't want any conduct issues. I was wondering if people could chime in with typical university policies assuming the party were to get "busted" by campus security or the police. Thanks!

CAN you get in trouble? Sure. Will you? No one can say.

Even attending such a party on campus or in the campus's area of influence can result in some action from the school even if no criminal action is initiated.

I applaud your desire not to drink, and empathize with the social situation, but you will have to decide for yourself what level of risk there is at a particular party. If things start getting loud, fights break out, or it is clear neighbors will be calling, then it might be time to leave.

 

[xnotion]

Thank you for the reply. This is definitely an extremely complicated issue. I've talked to some of the older kids on campus and the basic consensus is that on-campus, the campus security only cares about your safety. So basically they come in, say "go home" and that's it. If the police show up, I've yet to get a clear answer. I don't want to risk anything, and I've avoided the party scene for six weeks, however sitting in my dorm is getting old. The school is a big commuter school so lots of my friends go home for the weekend, and the ones that remain are going to a party. They're within walking distance of the dorms, so driving wouldn't be an issue.
Sorry for the long post, I'm just posting in my confusion. Basically, what would the police do if they were to arrive at the scene? (Generally, I know this is very subjective).

 

[CdwJava]

What the police will do depends on a great many factors ... the nature of the call, the attitude of the officers (and the guests), the nature of any alleged offenses, the "marching orders" of the week/month/year depending on political priorities, etc. How the officers might treat a dozen kids playing their music too loud and having a few beers will be far different than how they might treat a 12-kegger with a live band and 200 rowdy underage drinkers.

So, it's a judgment call. I understand the social desire and wish I could suggest you just ignore them, but, I was once that age, too, and I didn't stop drinking until I was 28. By the time I was 29 or so I could simply refuse to go and I didn't care, but, I had the advantage of not having to deal with the college social scene by that time.

Understand that at these parties there may be some worse stuff going on. Even when I WAS drinking, if someone broke out the dope, I was out the door. I'd say goodbye to a couple of people and if someone asked I'd say why I was leaving, but I wouldn't make a big scene and would leave.

Good luck, and just evaluate the pros and cons of any social gathering you are expecting to attend.

 

[stealth2]

If it's a commuter school, you're not out in the sticks, but must be close to some sort of more urban area. Is there really NOTHING else to do but go to drinking parties on a weekend? I find that hard to believe...

 

[davidmcbeth3]

I dont see where the police would effect you (you're not the other student's mamma). The school policy? Go ask someone in your schools administration, in writing if possible.

 

[CdwJava]

I dont see where the police would effect you (you're not the other student's mamma). The school policy? Go ask someone in your schools administration, in writing if possible.

Actually, the police CAN have an effect. If he has the ability to exercise dominion and control over the alcohol he could be cited for being in possession even if he was not drinking. Whether he could be found guilty at court if the officers admit that they neither saw him with alcohol nor smelled it on his breath is a question that probably has an answer with a coin toss.

 

[mistoffolees]

Actually, the police CAN have an effect. If he has the ability to exercise dominion and control over the alcohol he could be cited for being in possession even if he was not drinking. Whether he could be found guilty at court if the officers admit that they neither saw him with alcohol nor smelled it on his breath is a question that probably has an answer with a coin toss.

Depends on the state. In some states, just being at a party where alcohol is served can earn a misdemeanor offense.

To OP:
You're facing an adult decision and no one can tell you what is going to happen. Even if the standard practice is for the police to give out warnings to people who aren't drinking, you could have an officer who has a bad day and tickets everyone in sight.

Google your state laws. See if you can be charged with zero blood alcohol content. If they can't charge you without demonstrating that you've been drinking, your risk drops significantly (still not zero because there are all sorts of stories about breathalizers giving incorrect readings, but less). If you CAN be charged in your state simply for being in the same room as a party with alcohol, then you'll know the risk.

I applaud your decision to stay away from drinking. It's possible - and a lot of people do it and even have a good time (being drunk isn't a lot of fun at all, especially considering the consequences of being sick, hungover, or even pregnant or worse). But, ultimately, you are likely to find yourself in the presence of alcohol so you will be tempted - and there's always a risk of consequences. I would try very hard to find alternate activities. Have an alcohol-free party in your dorm room. Get a bunch of people together to go see a movie. Volunteer for Big Brothers/Big Sisters. Whatever.

I understand the recent efforts by law enforcement to crack down on underage drinking, but IMHO, they've gone too far. When a kid can be penalized for making the right decision NOT to drink simply because there are other people drinking, I think it's a mistake. Not to mention the entire premise that college kids are old enough to fight for their country and get shot at and bombed militarily, but not get bombed in their dorm rooms. But, unfortunately, I don't make the rules.

 

[xylene]

You are a college kid with a Huge scholarship...

So use judgment.

Very simple, and very easy to to when others are drinking and you are not.

Also, being around drinking when others are not is not much fun.

What do you want to get frisky with girls who are drinking? Where did the morals go.

Just relax. You won't lose your scholarship. Take it easy. It is college.

 

[BOR]

I understand the recent efforts by law enforcement to crack down on underage drinking, but IMHO, they've gone too far. When a kid can be penalized for making the right decision NOT to drink simply because there are other people drinking, I think it's a mistake.

Attending an UNDER age party has consequences.

There are laws of guilt by assocation. The SC has ruled that if 4 people are in a car that is stopped and has drugs, and no one claims ownership of the drugs, ALL can be arrested!

Is that right??


An under age person has no business attending a party where there are underage drinkers.

If he is sitting a table with other drinkers and the cops legally raid the place, he is guilty of possession as all who are underage will say it is not thiers, so does that mean the cops loose??

Not to mention the entire premise that college kids are old enough to fight for their country and get shot at and bombed militarily, but not get bombed in their dorm rooms. But, unfortunately, I don't make the rules.

I can't agree with this personally, although I have heard it many times.

Not to turn this into a debate thread, that is my opinion for many reasons.

I don't think it's fair that women do not have to register for Selective Service?

The states were semi forced to raise thier age to 21 because of the feds.

A person under 21 used to be able to drink on base. I was told this is no longer the rule, maybe someone else knows?

I live in Ohio, at one time there was a beer called 3.2 beer, as the alcohol content was 3.2 % and an 18 year old could buy it.

You had to be 19 to buy 6% beer and 21 to buy hard liquor.

3 ages for consumption, never made sense to me. Of course all states are 21 now.

 

[mistoffolees]

Attending an UNDER age party has consequences.

There are laws of guilt by assocation. The SC has ruled that if 4 people are in a car that is stopped and has drugs, and no one claims ownership of the drugs, ALL can be arrested!

Is that right??

What do SC drug laws have to do with NY drinking laws?

I already pointed out that in some states simply attending a party where there is alcohol could get a misdemeanor charge and encouraged OP to google her state to see if it applied.

Your example adds nothing and simply confuses the matter.

 

[cyjeff]

What do SC drug laws have to do with NY drinking laws?

I already pointed out that in some states simply attending a party where there is alcohol could get a misdemeanor charge and encouraged OP to google her state to see if it applied.

Your example adds nothing and simply confuses the matter.

In BOR's quote, SC refers to the Supreme Court... and that court does have ultimate jurisdiction.

 

[BOR]

What do SC drug laws have to do with NY drinking laws?

I already pointed out that in some states simply attending a party where there is alcohol could get a misdemeanor charge and encouraged OP to google her state to see if it applied.

Your example adds nothing and simply confuses the matter.

No it does not confuse the matter, it is a matter of general criminal law of, as Carl said, dominion and control, as my example of sitting at a table, is very persuasive.

The example of the drugs in the car is criminal law of probable cause for arrest/citation, a very good comparison in my view. Some can "facially" be innocent, but the law permits arrest/citation.

The "offense" is not relative.

 

[BOR]

In BOR's quote, SC refers to the Supreme Court... and that court does have ultimate jurisdiction.

Oh, I see. She thought I meant South Carolina (SC).

 

[cyjeff]

Oh, I see. She thought I meant South Carolina (SC).

Yeah, that's why I typically use SCOTUS as the abbreviation.