First things first: any person under 21 is a “minor” for the purposes of alcohol liability.
It is common knowledge that in Maine (other than the exceptions found in 28-A M.R.S.A. § 2051 (5)) and New Hampshire—just as elsewhere across the country—if you are under 21 years of age you can’t legally consume alcohol. What you may not know is that if you are under 21, not only is it illegal to consume alcohol, it is also illegal to transport or possess alcohol, unless you are handling it as an employee as expressly permitted by 28-A M.R.S.A. § 2051, 28-A M.R.S.A § 2052, or NH RSA 179:23.
Something else that you may not know is that if you are under 21 and found guilty of an alcohol related offense, you can lose your privilege to drive, even if the offense is not a drunk driving offense.
For example, in Maine a driver under 21 can lose his or her license if found guilty of illegal transportation (28-A M.R.S.A. § 2052) or providing false evidence of age (i.e. a “fake ID”) in an attempt to order or buy alcohol (28-A M.R.S.A. § 2051 (1) (D)).
In New Hampshire, pursuant to RSA 263:56-b, a driver under the age of 21 can loss his or her license for “any offense involving the sale, possession, use, or abuse of alcohol or of controlled drugs…”
Perhaps even more significant, in NH if a person under 21 is found guilty of transporting alcohol in a motor vehicle or “any other conveyance,” it is even possible, under NH RSA 179:2, that the vehicle could be forfeited to the State (meaning you could lose the vehicle forever).
As for parents, guardians, and other adults out there, you can get in legal trouble as a result of minors drinking alcohol too. In Maine, under 28-A M.R.S.A. § 2081, furnishing alcohol or allowing alcohol consumption by a minor can subject you to conviction of a Class D crime/misdemeanor (or possibly a Class C crime/felony).
In NH you can be guilty of a misdemeanor under NH RSA 644:18 for “Facilitating a Drug or Underage Alcohol Party.” This means you could pay up to a $2,000.00 fine or serve up to 1 year of imprisonment.
A person or establishment that serves alcohol to a minor can also face liability—not only civil liability, but also criminal liability—under 28-A M.R.S.A. § 2506 and § 2507, NH RSA 507-F:4 and 5, as well as other statutes.
Please note that the information contained in this article is a very general overview of alcohol-related statutes in Maine and New Hampshire. If you are charged with an alcohol related offense or have another alcohol related legal issue, you should contact an attorney to review your situation.
