When kids drink, parents are legally responsible

Kate Ryan, wtop.com

WASHINGTON — Teenagers aren’t the only ones at risk when they get into cars after drinking. Their parents are liable for what happens when the party is over.

That message is being hammered home by Montgomery County State’s Attorney John McCarthy, who told reporters that when parents break up a party where teens have been drinking, they should take away the keys and get the kids home some other way.

“Think twice before allowing those young people to go back into their cars heavily intoxicated,” he said.

McCarthy took the opportunity to make that statement after talking to the families of three young people killed in a crash on Olney-Laytonsville Road in May. The driver in that case, 20-year-old Kevin Coffay, pleaded guilty to three counts of manslaughter by motor vehicle and one count of failure to remain on the scene of a crash where a death occurred. He faces up to 40 years in prison.

Testimony at the plea hearing outlined how Coffay had attended two parties and had been drinking at each. He and the four friends who were in the car with him the morning of the crash had been kicked out of one of those parties when a parent came home to discover the underage drinking in his home.

McCarthy says furnishing alcohol to minors is illegal, as is providing a place for kids to party. But that’s not what happened in the case. Instead, a parent came home to find his child was hosting a party.

When this happens, McCarthy says a parent should focus on making sure that everyone gets home safely.

His advice? Parents should contact other parents and have them come and get their kids.

Many parents are taking a different and potentially dangerous approach, however.

Kurt Erickson with the Washington Regional Alcohol Program, which works to combat drunken driving, says parents who furnish alcohol are leaving themselves open to civil and even criminal action. And those who allow kids to leave could be responsible for whatever happens after the party’s over.

“They may be responsible for injuries, they could be responsible for property damage, and they could be responsible for wrongful death,” he said.

McCarthy says many parents don’t realize that furnishing alcohol to minors in their own homes is illegal. He is often asked to speak at assemblies to explain the law. Some parents recognize that they’re breaking the law by allowing kids to drink at home, but feel they are providing the kids with a safe setting. Others also rationalize that they drank as teens, so it’s acceptable to host these parties.

“Driving drunk is not a rite of passage,” Erickson says.

State’s attorneys in Maryland have tried to boost the penalties for parents who host parties and allow underage drinking. The Maryland legislature also doubled the fine from $500 to $1,000, but McCarthy says it’s clearly not a strong enough deterrent. More has to be done to stop underage drinking, he says.

For more information on preventing underage drinking and the legal implications of allowing kidsn to drink, check out the Washington Regional Alcohol Program.

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(Copyright 2011 by WTOP. All Rights Reserved.)

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