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Northeast > Resources > Topic Specific > Underage Drinking > Alcohol related laws

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I am interested in finding out which alcohol related laws have been adopted in the various states in the Northeast region. Can you tell me where to get this information?

 

Law Definition of law Northeast States with this law
Point .08 Per Se Makes it illegal to operate a motor vehicle at or above .08 blood alcohol concentration (BAC) All states in the Northeast
Administrative License Revocation Provides for prompt administrative license suspension of offenders who fail a BAC test or refuse to take the test Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, Vermont
Child Endangerment This law creates a separate offense or enhances existing DUI/DWI penalties for an offender who drives under the influence with a minor child in the vehicle Delaware, Maryland, Maine, New Hampshire, New Jersey, New York, and Rhode Island
Dram Shop Liability Laws Hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people (or in some cases, themselves) Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont
Fake Identification Statute that makes use of a fraudulent ID by an underage person an offense; also provides for a driver's license suspension for attempting to purchase alcohol using a false ID All states in the Northeast
Felony DUI Makes DUI/DWI a felony offense based on the number of prior convictions Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont
Graduated Drivers Licensing A three-tiered licensing system, under which novice drivers are given full driving privileges gradually, after an extended period of education, supervised driving with nighttime restrictions and citation and alcohol-free driving record All states in the Northeast
High Blood Alcohol Content (BAC) Refers to a driver who drives with a blood alcohol concentration of .15 or higher at the time of arrest Connecticut, Delaware, Maine, New Hampshire, Pennsylvania, Rhode Island
Ignition Interlock System installed on an offender’s vehicle that prevents the vehicle from starting if the driver’s blood alcohol concentration is above a pre-determined threshold Connecticut, Delaware, Maryland, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island
Keg Registration Requirement for beer kegs and other large beer containers to be tagged with identification tags and records kept of purchaser's name, address and location where the keg is to be used; enables tracking to source, if minors are served Connecticut, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, Vermont
Mandatory Alcohol Assessment/Treatment Alcohol assessment given to repeat offenders to determine their degree of alcohol abuse and/or undergo appropriate treatment Connecticut, Delaware, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island
Mandatory Alcohol Education Law mandating convicted DUI/DWI offenders to complete an alcohol education program before driving privileges can be reinstated All states in the Northeast
Mandatory BAC Testing for Drivers who are Killed Statute to test BAC of driver’s killed in vehicle crashes Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York , Pennsylvania
Mandatory BAC Testing for Drivers who Survive Statute to test BAC levels of all drivers involved in serious injury crashes who survive Delaware, Connecticut, Maine, Maryland, New Hampshire, New Jersey, New York, Pennsylvania, Vermont
Mandatory Jail 2nd Offense Law requiring a mandatory minimum imprisonment for repeat offenders Delaware, Connecticut, Maine, Maryland, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont
Mandatory Server Training Law requiring establishments that serve or sell alcohol to train their employees to detect and not serve patrons who are underaged or already impaired Delaware, Maryland, New Hampshire, New Jersey, Rhode Island
Open Container Law that is TEA-21* Compliant Law prohibiting the possession and consumption of alcoholic beverages in the passenger areas of a motor vehicle Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont
Plate Sanctions Law allowing license plates of offenders to be impounded and destroyed Delaware, Maine, New Hampshire, New Jersey, New York, Rhode Island
Repeat Offender Law that is TEA-21* Compliant Includes 4 penalties: 1) minimum 1 year license suspension; 2) impoundment or ignition interlock on all vehicles owned by the offender; 3) mandatory alcohol assessment/treatment; 4) mandatory minimum sentence Delaware, Maine, Maryland, New Hampshire, New Jersey, New York, Pennsylvania
Sales of Alcohol to Youth Laws empower a state’s alcohol beverage commission (ABC) to rescind the license of any business that knowingly sells alcohol to an underage individual All states in the Northeast
Social Host Liability Statute or case law that imposes potential liability on social hosts who serve alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing death or injury to third parties Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Vermont
Vehicle Confiscation Allows for confiscation of DWI offenders vehicles New York, Pennsylvania, Rhode Island, Vermont
Vehicle Impound Allows for the seizing, impounding, or immobilizing of vehicles operated by a DUI/DWI offender for a predetermined time Connecticut, Delaware, Maine, Maryland, New York, Vermont
Vehicle Sanctions while Suspended Allows for seizure and sale of a vehicle operated by an offender at the time the alcohol-related offense was committed Delaware, Maine, Maryland
Vehicular Homicide Statutes which allow a homicide charge to be brought against an individual who kills another person through the operation of a motor vehicle, either intentionally or negligently All states in the Northeast
Youth Attempt at Purchase Statute which makes it illegal for a person age 21 years or younger to attempt to purchase alcohol Connecticut, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island
Youth Consumption of Alcohol Law making it an offense for individuals under 21 to have any amount of alcohol in their bodies Delaware, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont
Youth Purchase Laws that make it an offense for an individual 21 years or younger to purchase alcohol; provides for significant penalties, including driver's license suspension All states in the Northeast
Zero Tolerance Law that makes it illegal for drivers under the age of 21 to operate a motor vehicle with a blood alcohol level of .02 or more All states in the Northeast


*TEA-21: In 1998, the Transportation Equity Act for the 21st Century (TEA-21) Restoration Act, a Federal program was established to encourage States to address the problem of the repeat intoxicated driver.

Information in this FAQ was adapted from content taken from the MADD website at http://www.madd.org

Please contact the Northeast CAPT at capt@edc.org for more information.

 

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Page last updated: 07/06/2007