Underage Drinking, Social Hosting & Maryland’s Laws: What Parents Should Know

Many parents don’t realize just how frequently teens get access to alcohol, sometimes even under adult supervision. Hosting young people for a party at your home can put your family at legal risk, even if you didn’t buy or provide alcohol, or even know it was being consumed. Maryland’s laws are strict, and you could face serious consequences. Understanding your responsibilities as a homeowner and parent is essential in protecting yourself and your family.

It is illegal to provide alcohol to minors

With few exceptions, Maryland law makes it illegal for adults, or “social hosts,” to give or serve alcohol to anyone under 21 who isn’t their own child. If you, as an adult, knowingly and intentionally supply alcoholic beverages to a minor on a property you control, you can be held responsible and face legal consequences.

Alex and Calvin’s law – You cannot allow underage drinking on your property

Alex and Calvin’s Law was passed in Maryland in 2016, expanding criminal liability for adults who knowingly and willfully allow underage drinking on property they control. Named after two young men killed in a crash involving teen alcohol use, this law makes it easier to hold adults accountable when underage drinking on their property leads to harm.

Under the law, it’s illegal to knowingly and wilfully let minors have or use alcohol in your home, or other property you control, even if you don’t personally hand them a drink. This generally means you knew underage drinking was occurring and allowed it to continue, including situations where an adult deliberately ignored obvious signs of alcohol use. In criminal cases, the law may treat a host who knowingly allows underage drinking similarly to one who directly supplies the alcohol.

There is also no rule that there has to be a “party” going on; you can be prosecuted even if only one underage person consumes alcohol at your gathering. Hosts cannot escape responsibility by arguing it’s safer for teens to drink in their presence or inside the home.

Penalties for violating Maryland’s social host laws

If you’re caught supplying alcohol to minors or knowingly allowing underage drinking on your property in Maryland, it can lead to serious consequences. Jail time is possible under Maryland’s social host laws, although it isn’t guaranteed for every offense. The kind of sentence a court may hand down depends on several details surrounding the incident.

If a minor is injured, killed, or causes an accident, especially involving drunk driving, the chances of facing jail as well as a fine increase.

Another significant concern for many families is the possibility that they might face civil lawsuits. If a minor drinks at your home and then injures themselves or someone else, or causes property damage, you could be sued and end up being financially responsible for those losses. Civil liability is not automatic and the outcome depends on the circumstances.

When to speak with a Maryland attorney

If you’re facing any kind of legal situation because you are alleged to have let a minor drink alcohol on property you control, it’s a good idea to get legal help. Specifically, you should consider reaching out in the following situations:

If a minor was hurt after drinking at your home

If a young person is injured or killed after consuming alcohol at your house, you could be facing serious civil liability in addition to potential criminal consequences. Consulting an attorney at this point is crucial. They can explain the possible penalties you’re facing and what steps you should take to protect yourself.

If police responded to a party at your house

Even if no arrests were made, police responding to reports of underage drinking can lead to trouble for the adults who were home. Working with a lawyer helps you prepare what to say and not say to the police to make sure you don’t make the situation any worse. Addressing these situations with help from a Maryland attorney gives you options you might miss on your own.

If you’re cited or charged under social host laws

Receiving a citation or criminal charge related to social hosting means you’re now facing a pretty challenging situation, and there’s no reason to try to handle it on your own. A lawyer can explain potential penalties, help you manage court appearances if applicable, and make sure you handle the situation appropriately.

Defenses to Maryland social host allegations

Being accused under Maryland’s social host laws can be disorienting, but the law does provide specific opportunities to defend yourself depending on the facts and role you played. Here are common defenses, whether you’re facing civil or criminal liability:

No knowledge of underage drinking

The law generally requires that the adult knowingly provide alcohol to minors or allow them to drink alcohol. This means that in criminal cases, prosecutors must show that the adult knowingly and willfully allowed the drinking, though sometimes constructive knowledge is enough.

However, if you didn’t know and had no way to know what was going on, this can be used as a defense. The burden is on prosecutors or plaintiffs to show you either knew, turned a blind eye, or effectively approved of the drinking.

No actual control over the property

To be held civilly liable or charged based on social host liability, you generally have to have control over the property. This could include an owner, renter, or someone else who is clearly using and controlling the property. If you don’t actually have control over the property or fall into any of these categories, you have a potential defense due to lack of possession or control.

Exception for minors on private property

Maryland law makes allowance for alcohol possession or use by a minor if that minor is your child, and the drinking happens on your private property or its immediate surroundings. However, this exception does not apply to gatherings that involve friends, classmates, or any other non-family minors, so keep that in mind.

Constitutional/evidentiary defenses

Some defenses are based more on technicalities, like how the evidence was gathered or mistakes the police made (if facing criminal charges). If police entered your home or seized evidence without a warrant or probable cause, you can raise a Fourth Amendment violation and seek to have some of the evidence excluded in a criminal matter.

How your case is defended will depend on the facts of the case and whether you’re dealing with criminal charges or a civil lawsuit. If you have any questions about this law or are facing potential legal consequences, call our legal team today to schedule a free consultation.