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NOT LEGAL ADVICE!
NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
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Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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What are the Georgia Laws covering a Minor under the influence

Customer Question

Marietta, Cobb County, GA. Young friend, 20 yrs. old, was arrested and charged with MUI. Was not driving. Police entered home where he was sleeping on a couch and arrested everyone. There WAS beer in the home at the time. There were no breathalizer tests done; just handcuffs and hauled in to jail. Bail paid but now arraignment is tomorrow and he can get no response from his court appointed lawyer. What charges, fines etc. could he be facing?
Submitted: 7 years ago.
Category: Legal
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

HelloCustomerand welcome to Just Answer.

The short answer is that he is facing a misdemeanor, and can be jailed for no more than 6 months and/or fined no more than $300 for a first offense.

Ga. Code Ann. s. 3-3-23 (2) No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage

Ga. Code Ann. s 3-3-23.1.

(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age.

(b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than six months' imprisonment or a fine of not more than $ 300.00, or both * * * .

(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor.

(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year.

Please let me know if you would like more information.

If I have answered your question, please click "ACCEPT." Positive feedback is appreciated and reciprocated.

Thank you.

graphic

NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
Satisfied Customers: 2201
Experience: Information provided is for entertainment puposes only and is NOT legal advice.
NOT LEGAL ADVICE! and 6 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
I realize it's all up to the judge, but is just having beer on the premises without any type of testing be grounds for a conviction? Is it like the "open container" situation in a car? Everybody goes down town? There were others, over 21, that were in the home at the time the police came. I guess, reading the code, they could possibly be charged with providing to a minor.
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Yes, this is the Georgia code re: the furnishing of alcohol to minors:

Relevant Text:
3-3-23.

(a) Except as otherwise authorized by law:

(1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age;
* * *
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
* * *

(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or
(2) At a religious ceremony.

(c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present.
* * *

Unlike some other states, there is no criminal liability for hosting underage drinking parties.

Yes, it will be up to the judge. It is my understanding that Georgia has began cracking down on underage drinking, but a judge may still provide leniency depending on the circumstances. Click here for more information

 

Customer: replied 7 years ago.
Thanks so much for getting back to me so quickly. This young man is dear to me because he is a long time friend of my son and has no family to support or quide him. Mother is a drug addict and his father has not seen him in 12 years. I am surprised he hasn't gotten in more trouble. My husband and I treat him as if he was one of our own but nothing replaces real family. I could wring his neck for getting himself into this situation. Since he had not heard from his attorney, he turned to us for help. Neither of us are attorneys and haven't had a need for one (knock!) so I am glad I found this service.
Thank you for your additional information. I plan to make copies and wallpaper my son's room with it!!

Thanks for the professionalism and prompt reply. Can I ask for you specifically should the need arise?
S. Ragsdale
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

He is very lucky to have caring people like you and your husband to watch over him.

You may request me by beginning your question with "For Jennifer:" so that I am alerted to it.

Please let me know if you need any additional information. I am happy to help.

Warm regards,
Jennifer

 

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