Today’s society is looking more and more to punish parents for failing to control their children. How does this attitude translate when there are DUI charges against a minor? Are the parents liable for any damage caused by an underage drinker in the state of Maryland?
There is no way to answer this question with a simple yes or no – there are too many variables, but laws regarding underage drinking in Maryland are shifting the responsibility to parents. Consider some key elements that affect parental liability for underage drinking.
Parents Supply the Alcohol
This is the only scenario where the law is cut and dry. Anyone, parent or friendly adult, who supplies alcohol to someone under the legal drinking age in Maryland, faces both criminal and civil consequences. This is in addition to any charges and liability imposed on the driver. In most areas, the parents would be civilly liable for damages and injuries that result from them providing alcohol for underage drinking including:
- Medical bills
- Property damage
- Pain and suffering awards
Additionally, parents would be responsible for the health of the drinker. For example, if death occurs as a result of underage drinking, parents might face a charge of involuntary manslaughter. Put simply, if the underage drinker has an accident after the parents supplied alcohol, the parents face criminal charges and maximum liability.
Parents Host a Party
When the parents host a party where kids get alcohol, even if they do not supply it, the laws become fuzzier. A Stanford University professor faced prosecution after allowing his son to have a party in the home. The parents’ made it clear alcohol was off limits, but the teenagers passed a bottle around behind their backs. As a result, the father faced 44 counts of contributing to the delinquency of a minor after police were called to the home.
In some cases, even if the parent should have known the teen would drink, they can be held liable whether they are home or not. For example, if parents go on vacation leaving kids at home with a fully stocked liquor cabinet, the argument could be made that they should have suspected the teens would drink and tried to prevent it.
In Maryland, social host liability is stiff. Parents who serve alcohol to minors or who fail to supervise a party and alcohol becomes a problem, face liability both legally and financially if there is an accident or even just a DUI charge. That means parents can pay fines, spend time in jail and cover damages as a result of their failure to supervise.
What about an Underage DUI?
This is where the law gets very tricky. Drivers, of age to drink or not, are responsible for any criminal DUI charges levied should they be caught drunk and behind the wheel. In Maryland, parents face separate charges if police determine they provided the driver with alcohol. In these cases, they would certainly be on the hook for civil liabilities. If the teen gets the alcohol without the parents’ knowledge, Maryland parents may still be liable. The state of Maryland holds parents liable for restitution of a minor’s criminal act, in this case driving while intoxicated.
If your child is facing DUI and underage drinking charges, the most practical approach is to get legal advice whether you think you are liable or not. A lawyer will be familiar with the laws in your area, and be able to provide answers.
