Parties seem to be an inevitable part of college for many students.  However, you should consider the legal ramifications before you plan that big bash.  Don't let some harmless fun turn into a legal nightmare.  Here are some things to think about:
 

1.  ALCOHOL

This is a real minefield of potential problems.  You could be in trouble with the law if:

• You are of legal drinking age and knowingly allow a gathering of two or more persons who are under the legal drinking age to be in possession of or consume any alcoholic beverages on the your premises. A.R.S.. §4-241(H)(1)
• You sell or furnish alcoholic beverages to a person under the legal drinking age. A.R.S. §4-244(9)
• You receive or procure alcoholic beverages with the intent of giving or selling it to  a person under the legal drinking age. A.R.S. §4-241(G)You serve, sell or furnish alcoholic beverages to a disorderly or obviously intoxicated person. A.R.S. §4-244(14)

All of these violations are class 1 misdemeanors. If you are convicted of a class 1 misdemeanor, the maximum penalty is a fine of $2,500 and six months in jail.  If it’s your first offense, you will probably face a fine only of several hundred dollars.  However, if you are convicted or plead guilty, you will have a criminal conviction on your record for the rest of your life.
 

You will be violating the law if:
 

There is a gathering of 5 or more persons on your premises who are behaving in a manner which disturbs your neighbors.  Tucson City Code §16-32
• Your party causes excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace or littering. Tucson City Code §16-32

• A notice posted on the premises stating that the police have intervened because of an unruly gathering.  This notice stays up for 120 days.  If you have another unruly gathering within that time, your premises are re-posted for another 120 days and you will be fined $500.   For second and third offenses, the fines are $1,000 and $1,500.  Tucson City Code §16-32.
• The owner of the property will also be notified of the posting of the notice of unruly gathering.  If there is another unruly gathering at least two weeks later and within the 120 days, the owner will also be fined $500.  Tucson City Code §16-32.
• You may be cited or arrested for disorderly conduct, a class 1 misdemeanor, or another related offense. A.R.S.. §13-2904

3.  Under-Age Drinking

It is a violation of the law if:
 

• You are under the legal drinking age and you buy, receive, have in your possession or consume alcoholic beverages. A.R.S.. §4-244(9) (class 1 misdemeanor)
• You are under the legal drinking age and solicit another person to purchase, sell, give, serve or furnish you alcoholic beverages. A.R.S. §4-241(D) (class 3 misdemeanor)

• The maximum penalty for a class 3 misdemeanor is a fine of $500 and and 30 days in jail.
• The maximum penalty for a class 1 misdemeanor is a fine of $2,500 and six months in jail.
• If you are a first-time offender, the penalty will probably be a fine only, but you will have a criminal conviction on your record for the rest of your life.

4.  Fake ID's

You are violating the law if:
 

• You misrepresent your age by way of false identification with the intent to induce a person to sell, serve, give or furnish you with alcoholic beverages. A.R.S.. §4-241(C)
• You use  false identification or identification of another person to gain access to a licensed establishment. A.R.S. §4-241(E).
• You give information you know to be false to an employee of the Motor Vehicle Division in order to obtain a false ID.  A.R.S.. §13-2704(A)(1)
• You knowingly give false information to a law enforcement officer. A.R.S.. §13-2907.01.
• You knowingly take the name, birth date or social security number of another person, without the consent of that person, with the intent to obtain or use the other person's identity for any unlawful purpose (such as obtaining a false ID). A.R.S.. §13-2708.

• Using false identification to get into a licensed establishment and giving false information to a police officer are both class 1 misdemeanors.
• Misrepresenting your age to obtain alcoholic beverages and giving false information to the Motor Vehicle Division are class two misdemeanors, which carry maximum fine of $750 and a jail term of four months.
• If you use false ID, either a drivers license or an identification card, to obtain alcohol or to gain entrance to a licensed establishment, your  drivers license or identification card will be suspended for six months for a first conviction.  If you don’t have a driver’s license, you will not be able to apply for one for six months.
• Using another’s identity to obtain a false ID is a class 5 felony, which has a maximum fine of $150,000 and a presumptive prison sentence of one and one-half years.

If you receive a citation for these of any other criminal offenses, you can receive free legal advice by making an appointment with ASUA Legal Services.

Call 621-ASUA (2782)