Is it illegal to be at a party where there is drinking if you are underage but sober?

[ariana_]

Hello, can a cop/someone who knows the law answer this?

If you are underage, and you are at a party where there is underage drinking, but you yourself do not drink, is it illegal? If the cops end up busting the party, will they do a test to see if you have been drinking, or assume that everyone has been drinking? Is it illegal if you have a BAC of 0, but there is alcohol around you?

 

[camsdad]

Re: Is it illegal to be at a party where there is drinking if you are underage but so

I've been in this situation before (when I was a teen) and the cops alerted my parents and I was detained until they came and got me. I wasn't in any trouble because I wasn't drinking at the time. They did indeed test to see if I was drunk. The people who would really be in trouble are the ones who got the booze for the party. Hope that helps, I'm not an officer of the law but I read your post and remembered my experience.

 

[Patrick]

Re: Is it illegal to be at a party where there is drinking if you are underage but so

I don't think that you're doing anything wrong, so long as

1. You did not purchase any of the booze
2. You did not drink any, this can be verified by a simple breathalyzer test

Sure the police may detain you for a brief moment, but there is no way that they can press charges of any kind.

 

[sillylucy]

Re: Is it illegal to be at a party where there is drinking if you are underage but so

It is not illegal to be at the party where underage drinking is happening. You are only going to get in trouble if they find that you are hosting the party or you bought the booze and are serving it to minors. They will make you blow into a breathalizer and possibly detain to until your parents pick you up.