HAWAII UNDERAGE DRINKING STATE LAWS

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HAWAIIUNDERAGE DRINKINGSTATE LAWS

• Enforcing Underage Drinking Laws Project

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Use Lose Laws

• Hawaiis Use Lose law states that any person
  under
• the age of twenty-one (21) found to have
  consumed,
• possessed, or purchased alcohol shall have
  his/her
• drivers license, provisional license, or
  instruction
• permit suspended for a period of 180 days. The
  law
• applies also to situations where youth falsify
• identification or use false identification to buy
  or
• attempt to buy alcohol.

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Use Lose Laws

• For those persons not yet licensed to drive,
  eligibility to
• obtain a drivers license, provisional license,
  or
• instruction permit shall be suspended until the
  age of
• seventeen (17) or for one hundred eighty days, at
  the
• discretion of the court. In addition, all
  offenders,
• whether licensed or not, shall be required to
  perform
• seventy-five (75) hours of community service and
• undergo eight (8) to twelve (12) hours of alcohol
  
• education and counseling, for which the offender
  or the
• offenders parent or guardian will have to pay.

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Social Host Laws

• The social host liability law establishes
  criminal penalties of
• up to one year in jail, fines of up to 1000, or
  both, for
• adults who furnish alcoholic beverages to anyone
  younger
• than age 21. The previous law only prohibited
  adults from
• buying alcohol for minors. Under the new law,
  adults who
• knowingly provide liquor to someone younger
  than age 21
• or have knowledge of underage drinking on their
  property
• and could have prevented it can be held
  financially
• responsible for any third party injury that may
  ensue from
• their provision.

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Dram Shop Laws

• Dram shop liability
• ltblockedhttp//en.wikipedia.org/wiki/Liabilitygt
  refers to the
• body of law governing the liability of taverns,
  liquor stores and
• other commercial establishments that serve
  alcoholic beverages.
• Generally, dram shop laws establish the liability
  of
• establishments arising out of the sale of alcohol
  to visibly
• intoxicated persons or minors who subsequently
  cause death or
• injury to third-partiesthose not having a
  relationship to the bar,
• as a result of alcohol-related car crashes and
  other accidents.

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Hawaii Revised Statues 281 Section

• 281-101.5 Prohibitions involving minors
  penalty.
• Any adult who provides or purchases liquor for
  consumption or use by a
• person under twenty-one years of age shall be
  guilty of the offense under
• section 712-1250.5.
• (b) No minor shall consume or purchase liquor and
  no minor shall consume or
• have liquor in the minors possession or custody
  in any public place, public
• gathering, or public amusement, at any public
  beach or public park, or in any
• motor vehicle on a public highway provided that
  notwithstanding any other law
• to the contrary, this subsection shall not apply
  to
• Next slide

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Hawaii Revised Statues 281 Section

• (1) Possession or custody of liquor by a minor in
  the course of delivery, pursuant to the direction
  of the minor's employer lawfully engaged in
  business necessitating the delivery
• (2) Possession, custody, or consumption of liquor
  by a minor in connection with the minor's
  authorized participation in religious ceremonies
  requiring such possession, custody, or
  consumption or
• (3) Any person between the ages of eighteen and
  twenty, who is participating in a controlled
  purchase as part of a law enforcement activity or
  a study authorized by the department of health to
  determine the level of incidence of liquor sales
  to minors.

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Hawaii Revised Statues 281 Section

• (c) No minor shall falsify any identification or
  use any false identification or identification of
  another person or of a fictitious person for the
  purpose of buying or attempting to buy liquor or
  for the purpose of obtaining employment to sell
  or serve liquor on licensed premises.
• (d) Any person under age eighteen who violates
  this section shall be subject to the jurisdiction
  of the family court.

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Hawaii Revised Statues 281 Section

• Any person age eighteen to twenty-one who
  violates subsection (b) or (c) shall be guilty of
  a petty misdemeanor.
• The court shall order that any person under
  twenty-one years of age found to be in violation
  of this section shall have, in addition to any
  other disposition or sentencing provision
  permitted by law, the persons license to operate
  a motor vehicle, or the persons ability to
  obtain a license to operate a motor vehicle,
  suspended.

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• THE LAW EXISTS TO PROTECT YOU
• DONT BREAK IT.