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In oregon is it a felony or misdemeanor if you furnish alcohol

Resolved Question:

In oregon is it a felony or misdemeanor if you furnish alcohol to a minor and they drive and get a dui and then the person dies while being operated on?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.

Oregon law prohibits anyone, except a parent or legal guardian, from providing alcohol to a minor or juvenile. A minor is any person under the age of 21 and a juvenile is any person under the age of 18. Parents or guardians may legally provide alcohol to their minor child or ward and only in a private residence when accompanying their minor child. A parent cannot transfer this responsibility to another adult or provide alcohol in a public place. If you allow your property and/or home to be used for a party where minors, other than your minor child(ren), consume alcohol in your presence, you may have to forfeit property and may be issued a criminal citation.

 

All of the crimes are Misdemeanors.


ORS 165.805 Misrepresentation of age by a minor
When minors misrepresent their age, purposely are not truthful about their age to purchase alcohol, enter a lounge or evade detection by law enforcement, they are referred to juvenile court or receive a criminal citation, depending on their age. The minor may be fined. If DMV identification is used in misrepresentation, the minor's driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver's license. (Class C Misdemeanor)

ORS 471.430 Minor in possession of alcohol
When minors are in possession of alcohol, they are either holding the alcohol, have consumed the alcohol, or attempted to purchase the alcohol. They will be referred to juvenile court or receive a criminal citation. The minor will be fined and/or required to perform community service. Minors/juveniles may be sent to alcohol assessment and treatment. Minors may consume sacramental wine as part of a religious service. (Criminal Violation)

ORS 471.610 Confiscation of liquor and property
When any officer arrests a person for violating a liquor law (e.g.; selling alcohol without a license) the officer may take into possession all alcoholic beverages and other property used in violation of the law. Other property that can be confiscated include: bars, glasses, chairs, tables, music devices, furniture, and equipment. This property is forfeited to the state of Oregon if the person is convicted.

ORS 471.620 Property or places subject to confiscation
Any room, house, building, boat, structure or place of any kind where alcohol beverages are sold or given away in violation of the law is a public nuisance. Anyone who maintains or assists in maintaining such a place, or permits it in a place they own, manage or lease, violates the Liquor Control Act.

ORS 471.410(2) Furnishing alcohol to a minor
No person shall sell, give or make alcohol available to a minor. A parent or legal guardian may provide alcohol to their minor child in a private residence as long as the parent is with the minor child. If you illegally provide alcohol to a minor, or provide alcohol to an adult that you know will make it available to a minor, you will receive a criminal citation. (Class A Misdemeanor)

ORS 471.410(3) Controlling an area where minors are permitted to consume alcohol
It is illegal for someone exercising control over private real property to allow any person under 21 to consume alcohol on the property in your presence. It is also illegal to allow any person under age 21 to remain on the property if they have consumed alcohol. Private real property may include a hotel room, camp site, or any rented/leased location. The only exception is for your own minor child(ren). If you control an area where minors consume alcohol, you will receive a criminal citation. (Criminal Violation)

ORS 471.565 Licensee, permittee and social host liability
As a licensee, permittee or social host, if you serve visibly intoxicated persons or guests, you may be held liable for damages caused by the persons or guests away from your home or licensed premises.

ORS 471.567 Liability for serving minors; liability of a minor for misrepresentation of age
As a licensee, permittee or social host, you may be liable for injuries caused by a minor who obtained alcohol from you when you did not properly check for identification. Minors who misrepresent their age and cause a licensee to be fined or have their liquor license suspended or revoked can be held liable for damages sustained by the licensee.

 

http://www.oregon.gov/OLCC/docs/publications/oregons_alcohol_laws_and_minors.pdf

 

Customer: replied 4 years ago.
The person that furnished the alcohol did not host the party , he showed up with 30 cans and there were 12 or more kids there, does that make a difference and the kids were already drinking. Is it likely since the other person is being charged with dui and the person died at the hospital that the person furnishing will be charged?
Customer: replied 4 years ago.
Are you going to answer my reply?
Expert:  Roger replied 4 years ago.
The provider and the host could be responsible and be issued a citation
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26572
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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