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Alcohol law extensively covers criminal, administrative and personal injury cases involving alcoholic beverages. Each of these categories of cases is governed by a unique set of rules, and alcohol lawyers tend to limit their practices accordingly. Rules dealing with alcohol are generally a matter of state and local law. However, federal laws and regulations control issues such as the importation, taxation, labeling, and advertising of alcoholic beverages.
A combination of Federal, State, and local laws help shapes the role alcohol plays in the United States, including how states:
- Manufacture alcohol
- Sell alcohol
- Decide who can drink alcohol
- Respond to alcohol-related problems
The primary Federal law governing alcohol policy or law is the 21st Amendment, which repealed national prohibition. It also gives individual States control over:
- Whether to allow sale of alcohol in the State
- Whether to allow importing alcohol into the State
- How to distribute alcohol throughout the State
- Possession of alcohol in the State
Some States offer local governments control over alcohol law/policy development and enforcement. Other States control alcohol policy at the State government level.
Criminal Offenses for Adults and Minors
People of all ages are subject to state laws prohibiting the operation of motor vehicles while under the influence of alcohol. Referred to by various acronyms, including DUI, DWI, OUI, and others, these laws regulate drunk driving by specifying the maximum blood alcohol content (BAC) a driver may have while operating or having control over a vehicle. Thus, the law does not impose a complete ban on drinking and driving; rather, it establishes a legal limit. Currently, the BAC limit for adult, non-commercial drivers is .08%.
Minors under the age of 21 who drink alcohol face criminal prosecution for purchasing, possessing, or consuming even a single alcoholic beverage under the alcohol law. Some jurisdictions have relaxed this zero-tolerance policy when minors consume alcohol at home and in the presence of their parents. As with any sort of criminal charge, a defendant accused of underage drinking must carefully review the elements of the applicable statute or ordinance to determine whether it encompasses the defendant’s conduct, or better yet, hire an attorney to perform this task.
A number of other alcohol crime laws apply in most communities across the United States. The offense of public intoxication is a broad prohibition designed to curb the consumption of excess amounts of alcohol, and the disturbance to the public peace it can cause. Adults can also run afoul of the law by having an open container of alcohol where prohibited, or by furnishing beer, wine, or spirits to a minor.
Representation in Legal cases involving Alcohol consumption
If you have been accused of committing an alcohol offense, or need help with any type of civil case related to the sale or consumption of alcoholic beverages, attorneys are available right now to discuss your case. Remember, any delay in speaking with an attorney could put your legal rights in jeopardy.
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