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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23192
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a 18 yr old who is not drinking be charged for something

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Can a 18 yr old who is not drinking be charged for something while underage drinkers are in the car?

Was there alcohol in the car? If so, then the answer is he can be charged with the constructive possession of the alcohol even if he didn't drink any. That doesn't mean that he could be convicted of the offense. That's going to depend on what the state's evidence shows. But if it appears on its face that everybody in the car was in a position to share the alchol, he can certainly be arrested.
Customer: replied 3 years ago.

What if there is no alcohol in the car, is it safe for an 18yr old to drive

underage drinkers to there home?

Hi Laura,

If it is his car and he allowed the drinking to go on in there, he could face charges. If he provided the alcohol to his friends, he could be charged with it. If that's what the police think went on they will charge him along with the others.

If, however, it turns out that he was just picking up his friends who had too much to drink and was just taking them home, that, of course would be a good defense to the charge if it could be corroborated. There's nothing criminal about taking his friends home, so long as he didn't attend the same underage drinking party or provide the alchol as I've explained above.
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