Introduction
Underage drinking laws can be confusing. They can change over time and vary by state. Parents or those in a parenting role and teens are often unclear about the laws and have misconceptions about the consequences of breaking those laws.
Let’s explore the underage drinking laws in Washington State and discuss scenarios that you might encounter as a parent or someone in a parenting role. Please note that certain localities may have stricter laws (ordinances), that laws change, and that this information is not a substitute for legal advice.
So, What Exactly Is Illegal?
For Anyone Under the Age of 21
- It is illegal for someone under the age of 21 to possess, consume, or otherwise acquire any alcohol without parental consent when not for medical reasons or in connection with a religious service.1
- It is illegal for someone under the age of 21 to be in a public place or to be in a motor vehicle in a public place while exhibiting the effects of having consumed alcohol.1
- It is illegal to use a false ID to buy alcohol.1
- It is illegal for someone under the age of 21 to operate a motor vehicle while affected by alcohol, drugs, or both. This includes both legal and illegal drugs, including prescription medication and over-the-counter drugs.2
- Someone under the age of 21 is not allowed in taverns, lounges, or other age-restricted areas.1
For Adults
- It is illegal to sell, give, or otherwise supply alcohol to any person under the age of 21 unless you are the parent/guardian of the child and the alcohol is consumed in your presence.1
- It is illegal to permit any person under the age of 21 to consume alcohol on your premises or any premises under your control unless you are the parent/guardian of the child and the alcohol is consumed in your presence.1
- “Premises” includes real property, houses, buildings, other structures, motor vehicles, and watercraft.1
What Is Legal?
Washington State law allows someone under the age of 21 to possess, consume, or otherwise acquire alcohol when it is:1
- Provided by the minor’s parent or guardian and consumed in the presence of the parent or guardian and not in a public place where alcohol is sold.
- Given for medicinal purposes by a parent, guardian, physician, or dentist.
- Given in connection with religious services, the amount consumed is the minimal amount necessary for the religious service.
Legal Consequences
For Anyone Under the Age of 21
Possessing, consuming, or otherwise acquiring any alcohol when under the age of 21 can result in a gross misdemeanor charge. For details on penalties associated with misdemeanor and gross misdemeanor charges, see Washington State Code 9A.20 RCW on leg.wa.gov. Children/Teens who are charged with a Minor in Possession (MIP) or a Consumption of Alcohol (MIC) charge, and it is their first offense, may be eligible for a court diversion program as an alternative to prosecution.
For Adults
It is a gross misdemeanor offense to sell, give, or otherwise supply alcohol to someone under the age of 21.1
“What If” Scenarios
Supplying Alcohol
What if I take my child/teen into a bar? Can I provide them with alcohol there?
No. You cannot provide someone under the age of 21 with alcohol in a public place known to sell alcoholic beverages.
What about at a restaurant?
No. You cannot provide someone under the age of 21 with alcohol in a public place known to sell alcoholic beverages.
What if my child/teen (under the age of 21) goes to a party at a friend’s house, and their parents provide my child/teen with alcohol? Is that illegal?
According to Washington State law, only parents or guardians may provide alcohol to their child/teen under the age of 21.
Many Washington cities have ordinances and penalties to address social hosting. Social hosting is selling, giving, or supplying alcohol to someone under the age of 21 or permitting someone under the age of 21 to consume alcohol on your premises or any premises under your control.22The penalties for social hosting can include a fine of up to $5,000 and one year in jail.
For example, the Mercer Island city code (ordinances) considers an underage gathering (a party or gathering of four or more persons at a property at which alcoholic beverages are being consumed or possessed by one or more underage persons or one or more underage persons are exhibiting effects of consuming alcohol beverages) to be a public nuisance and is prohibited.3 Law enforcement may issue a notice of civil infraction to any or all known responsible persons who host an underage gathering. The penalty is $250.00 for each responsible person.3
A responsible person includes:
- The person(s) who owns, rents, leases, or otherwise has the right to control property at which an underage gathering occurs
- The person(s) is in immediate control of the property at which an underage gathering occurs or
- The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the underage gathering3
What if I am away on vacation and my child/teen hosts a party at our home? Am I legally responsible?
Different cities have different social hosting ordinances about this issue. Some ordinances allow those who control the property to be cited without having to prove that they provided or “allowed” the drinking to occur.2
Consuming Alcohol
What if my child/teen is at a party where others are consuming alcohol? If they are not consuming alcohol, would they still get arrested because they are under the age of 21 and around others who are consuming alcohol illegally?
Your child/teen does not have to be in actual possession of alcohol to be cited for a Minor in Possession (MIP) charge.2 If they are exhibiting the effects of having consumed alcohol, they may be charged with an MIP offense. Also, they could be violating their school’s code of conduct policy, which would not have legal consequences but would have consequences at school.
What are the consequences for a minor consuming alcohol at a party hosted by an older adult sibling?
Possessing, consuming, or exhibiting the effects of having consumed alcohol when under the age of 21 can result in a Minor in Possession (MIP) charge. The maximum penalty is one year in jail, a $5000 fine, or both.2
Impaired Driving
What if my child/teen drinks alcohol and is planning to drive home. How long does my child/teen need to wait before they can drive safely?
The simplest answer is to tell your child/teen that if they have had anything to drink, not to drive. Establish family rules about never driving after drinking and never riding with someone who has been drinking. Discuss the dangers of such behaviors. When establishing family rules, you can discuss your expectations, develop consequences for such behaviors, and discuss alternative behaviors you support, such as calling you for a ride or alternative transportation options. Ensure your child/teen that there will be no negative repercussions if they choose to call you for a ride. Engaging your child/teen in conversations about these behaviors, discussing situations that might arise, and ways to handle those situations can support your child/teen in high-stress situations. Drinking any amount of alcohol and driving or riding with a driver who has been drinking are dangerous.
For more information, go to:
https://www.cdc.gov/vitalsigns/teendrinkinganddriving/index.html
https://www.cdc.gov/parentsarethekey/agreement/index.html
https://www.nhtsa.gov/road-safety/teen-driving
Closing
As a parent or someone in a parenting role, you make a lot of decisions about what is acceptable or not acceptable for your child/teen regarding alcohol use. Knowing the underage drinking laws and ordinances in your community and state can help you make informed decisions about what is best for your child/teen.
It is typical to have many questions about the laws on underage drinking. Underage drinking laws can vary, and you may be faced with a variety of different scenarios. As a parent or someone in a parenting role, you are vital to helping your child prevent harm associated with alcohol. By implementing strategies such as talking and listening, establishing rules, modeling positive behavior, monitoring, and clarifying misperceptions, you can make a difference in your child’s/teen’s life.
