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Rhode Island Criminal Defense Attorney

Tragedies and near tragedies throughout the State involving alcohol have led to the adoption of Rhode Island’s Social Host Laws. The term “Social Host Liability” refers to both the criminal liability, which is a statutory prohibition enforced by the State that may lead to criminal penalties such as fines and imprisonment, and civil liability which refers to an action by a private party against a host seeking monetary damages for injuries and damages.

In July of 2008, Rhode Island Governor Carcieri signed revisions to the Social Host Laws which increased the penalties and closed a perceived loophole. The 2006 version of R.I.G.L. 3-8-11.1 prohibited any person twenty-one (21) years of age or older from permitting “the consumption of alcohol by underage persons in his or her residence.” The 2008 version of the statute adds, “or on his or her real property,” thereby prohibiting the consumption of alcohol by underage persons anywhere on the Homeowner’s property.

In 2010, the Rhode Island General Assembly added new language to the Rhode Island Social Host Laws. Under the old law, it was illegal for "any person twenty-one years of age or older" to purchase, knowingly furnish, procure or permit consumption of alcoholic beverages by someone under the age of twenty-one (21) in their residence or on their real property. However, if those same actions were taken by someone who was between eighteen (18) and twenty-one (21) years of age, it was not a crime. The 2010 action of the Rhode Island General Assembly has closed this "loophole" and the revised statute (R.I.G.L. 3-8-11.1) states " any person, between the ages of eighteen (18) and twenty-one (21) years of age, who violates [this statute], may, upon conviction, be subject to a civil penalty of not more than five hundred dollars ($500.00). In addition, any person convicted may be required to attend an educational program approved by the department of health designed to recognize the dangers of underaged drinking, and may be subject to up to thirty (30) hours of community service."

The penalties for a violation of the statute prohibiting the furnishing or procurement of alcoholic beverages for underage persons (R.I.G.L. 3-8-11.1 and 3-8-11.2) include the following:

First offense penalties:

$350.00 to $1,000.00 fine; and/or
Imprisonment for a period not exceeding six (6) months or both.

Second offense penalties:

$750.00 to $1,000.00 fine; and/or
Imprisonment for a period not exceeding one (1) year or both.

Third or subsequent offense penalties:

$1,000.00 to $2,500.00 fine; and/or
Imprisonment for a period not exceeding three (3) years or both.

The penalties for a violation of the statute prohibiting the possession of alcoholic beverage by underage persons (R.I.G.L. 3-8-10) include the following:

First offense penalties:

$150.00 to $750.00 fine;
Thirty (30) hours of community service; and
A minimum sixty (60) day suspension of his or her driver’s license.

Second offense penalties:

$300.00 to $750.00 fine;
Thirty (30) hours of community service; and
A minimum sixty (60) day suspension of his or her driver’s license.

Third or subsequent offense penalties:

$450.00 to $950.00 fine;
Thirty (30) hours of community service; and
A minimum sixty (60) day suspension of his or her driver’s license.

The penalties for a violation of the statute prohibiting unlawful drinking and misrepresentation by underage persons (R.I.G.L. 3-8-6) include the following:

First offense penalties:

$100.00 to $500.00 fine;
Thirty (30) hours of community service; and
A minimum thirty (30) day suspension of his or her driver’s license.

Second offense penalties:

$500.00 to $750.00 fine;
Forty (40) hours of community service; and
A three (3) month suspension of his or her driver’s license.

Third or subsequent offense penalties:

$750.00 to $1,000.00 fine;
Fifty (50) hours of community service; and
A one (1) year suspension of his or her driver’s license.

The penalties for a violation of the statute prohibiting the transportation of alcoholic beverages by underage persons (R.I.G.L. 3-8-9) include the following:

First offense penalties:

A fine of not more than $250.00;
License suspension for not more than thirty (30) days.

Second offense penalties:

A fine of not more than $500.00; and
License suspension for not more than ninety (90) days.
Third or subsequent offense penalties:
A fine of $500.00 to $950.00; and
License suspension of one (1) year.

Allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with an alcohol-related offense.

Contact Attorney Humphrey and the Law Offices of Robert H. Humphrey about your legal matter today.