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Alcohol Laws and Enforcement

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City of Berkeley, State and Federal Laws

Alcohol Laws

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Some of the top priorities are laws that prohibit:

  • Loud, unruly gatherings that are a public nuisance
  • Party hosts and others who furnish alcohol to minors
  • Alcohol possession by minors
  • Alcohol-impaired driving

Social Host (State): As a host, you are liable as a result of serving alcohol to obviously intoxicated persons or minors who are subsequently involved in crashes causing death or injury to third-parties. You could be sued for damages such as medical expenses or lost wages resulting from bodily injury. (BPC 25602 and 25658)

Social Host Ordinance "SHO" (City): Holds party hosts responsible for underage drinking occurring on their property. The intention is to make party hosts aware of the laws prohibiting furnishing alcohol to underage or intoxicated persons and to self-regulate their parties effectively. SHO fine of $250 start immediately at the first violation, and they increase with subsequent violations.

Fake ID: If you are under 21 and caught with a fake ID: $25-$1000 fine, a minimum of 24 to 32 hours community service to a maximum 6 months in county jail, and a 1 year suspension of your drivers license. Fake ID includes presenting (in fact, even carrying) anyone's ID other than your own.

Minor in Possession: If you are under 21 and try to purchase alcohol or are caught in possession of alcohol: $100 to $250 fine, 24 to 32 hours of community service, and a 1 year suspension of your drivers license. (BPC 25662A)

Driving Under the Influence: If you are under 21, you cannot drive a vehicle carrying alcohol at all. If you are caught driving with any evidence of alcohol in your blood: 1 to 3 year suspension of your driver's license. Refusal to submit to a blood alcohol test is an admission of guilt to driving under the influence.

Furnishing/Serving Alcohol to a Minor: If you are 21 or over, and are caught furnishing alcohol to an underage person: $250 to $1000 fine, a minimum of 24 to 32 hours community service to a maximum 6 months in county jail. (BPC 25658)

Open Container: At any age it is a criminal offense to have an open container of alcohol in public (BPC 25620A) or in a motor vehicle.

Disorderly Conduct, Due to Intoxication: Up to $1000 fine and up to 6 months in jail. (CA Penal code 647f)

Other Violations: To provide any alcoholic beverage to an obviously intoxicated person; To be under the influence of alcohol in a public place and unable to exercise care for one's own safety or that of others; To falsely identify oneself to police upon lawful detention or arrest in order to avoid proper ID by police or to evade the court process; To be in possession of an unregistered keg; To obstruct the sidewalk.

 

PartySafe@Cal is a program of University Health Services in collaboration with other campus and community organizations.
The mission is to reduce harm associated with drinking in the campus area.
To volunteer or for more information call 510-642-7202 or email hp@uhs.berkeley.edu.