Traditionally, open house parties involve a social gathering that are planned for a certain timeframe with guest free to come and go without staying for any fixed period of the party. While the notion of an open house party may have originated with realtors who would use the party to show the house to a large number of buyers in a short period of time, it has now become associated with teenage gathering. Many times those under the age of 21 attend these parties and consume drugs and alcohol. The parties have become so prolific that Florida has enacted an Open House Party Statute imposing criminal penalties for such parties where minors consume alcohol.
The law imposes criminal penalties on any adult who has control of a residence and permits a house party where the person knows or reasonably should know that minors will possess or consume alcohol. To avoid criminal liability, the adult must take reasonable steps to prevent minors from possession or consumption of alcohol. The law is designed to discourage parents from allowing minors to have access to alcohol in their home. The law provides an exception when the alcohol consumed by minors is part of a religious observance.
The penalties for permitting a minor to consume or possess alcohol in one’s home during a house party include a maximum of 60 days in jail and a maximum fine of $500. The Florida criminal offense is considered a second-degree misdemeanor under Florida law. It is important to understand that this statute does not require that the person charged actually furnish alcohol to a minor but merely that the parent should reasonably have known that minors would be possessing or consuming alcohol regardless of the source of the alcohol.
The goal of the Florida Open House Party Statute is to keep teens from drinking and driving. While any driver who is under the influence of alcohol may pose a serious risk of being involved in a fatal auto accident, teen drivers pose a particular risk because of their youth and inexperience. A study conducted by the CDC revealed that almost half of all teenagers admit drinking alcohol within a previous 30 day period. The National Highway Traffic Safety Administration (NHTSA) reports that 23 percent of teenagers involved in fatal car accidents have a blood alcohol level over the legal limit of .08 percent.
While the Open House Party Statute targets teenagers driving under the influence of alcohol, an adult who allows a house party where the adult reasonably should know that teenagers will have alcohol cannot escape criminal liability by taking a teenagers keys. The law makes it a crime to allow teenagers to possess or consume alcohol regardless of whether they drive a motor vehicle. The bottom line is that there are serious risks associated with allowing teenagers to consume alcohol at a party in your home.
If you are facing alcohol related charges including charges involving furnishing alcohol to a minor, DUI or other alcohol related offenses, our experienced Florida DUI defense lawyers are prepared to fight vigorously for your rights. Call today to arrange an initial no obligation free consultation.
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