Utah's Purcahse, Possession, Consumption of Alcohol by a Minor Statute

Utah’s Revamped Law Dealing with Unlawful Purchase, Possession, Consumption of Alcohol by a Minor

            I became intrigued by the legal process after witnessing one of my buddies be charged with the unlawful purchase, possession, consumption of alcohol by a minor. My friend was at a party in Cedar City Utah where alcohol was being consumed by some. The police raided the party. My friend, who was under the age of 21 at the time, had not consumed any alcohol, and he was confident that he would be treated fairly. He was wrong. Although some of the individuals who were not drinking alcohol were given breathalyzer tests and let go, a police officer took objection to my friend and issued him a citation without giving him a chance to blow. (This same police officer later lied in court, but that’s another story.)

           

            Utah has recently revamped its “Unlawful purchase, possession, consumption by minor” statute. It is now codified in Utah Code Ann. § 32B-4-409.  This article will briefly discuss this new code and its application.

The New Unlawful Purchase, Possession, Consumption By Minor Code

 Under the new code, it is unlawful for a minor to:

     (a) purchase an alcoholic product;
     (b) attempt to purchase an alcoholic product;
     (c) solicit another person to purchase an alcoholic product;
     (d) possess an alcoholic product;
     (e) consume an alcoholic product; or
     (f) have measurable blood, breath, or urine alcohol concentration in the minor's body.

            There are a few notable points under the purchase, possession, consumption of alcohol by a minor statute. For instance, A “minor” for the purposes of the unlawful purchase, possession, or consumption statute is anyone under the age of 21 (not 18). UtahCode Ann. § 32B-4-409(5)(a).

A trickier point is when is a minor in “possession” of alcohol. Possession can be shown as actual physical possession (i.e., the alcohol is in the minor’s hands) or “constructive possession.” To show constructive possession of alcohol by a minor, the State would have to show some sort of connection between the alcohol and the minor to permit an inference that the minor had both the power and the intent to exercise dominion and control over the alcohol. There must be some facts which show the minor intended to illegally use the alcohol as his or her own. State v. Layman, 985 P.2d 311 ¶12 (Utah 1999). Also, depending on the circumstances of where the minor is located will determine whether this test can be met. For instance, just living in a house where marijuana was grown was not sufficient to establish constructive possession of marijuana. State v. Fox, 709 P.2d 316 (Utah 1985).

The final tricky issue with this statute is whether having a measurable amount of alcohol is sufficient to get a conviction. For instance, blowing a .01 or less is technically a violation of the purchase, possession, consumption by a minor statute. In my experience, many police officers understand that having a trace amount of alcohol can be explainable other than through the consumption (for instance, kissing someone who has been drinking alcohol may leave a measurable amount of alcohol on your breath). Accordingly, some police officers will not issue citations even though you are technically in violation of the statute.  

Penalties for violating the purchase, possession, consumption by minor statute

            Okay, so how bad can it get for drinking a little alcohol? Pretty bad. Firstly, violating the purchase, possession, consumption by minor statute is a class B misdemeanor. A class B misdemeanor is punishable up to six months in county jail and a fine up to $1,000.00. http://www.utcourts.gov/howto/criminallaw/penalties.asp#Misdemeanors. I have rarely seen jail time ordered in a first offense, just a monetary penalty that ranges in the $400.00 - $600.00 range.

            Probably a more significant punishement for violating this statute is the implications on your driving privileges. Upon a conviction, the minor’s driver’s license shall be suspended for one year. You may also now get to pay for extremely expensive automotive insurance (alcohol related insurance).

Conclusion

            My friend originally tried to fight his purchase, possession, consumption of alcohol by minor charge on his own. However, it was not until an attorney stood up to the state that my friend was cleared and the case ultimately dismissed. You need a good criminal defense attorney fighting for you too.