Legal Question in DUI Law in Minnesota

Re: Underage Drinking

Minnesota Statutes Sec. 340A.503, Subd. 1(a)(2) says it is an "affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian."

Sounds as if your friends might be right, as long as they as talking about consuming at home. They can't go out to a party and say it's OK because I have my parent's permission.

It has always been my understanding that this provision was intended to cover such things as when Grandma gives you a glass of homemade wine on Christmas, or when children consume wine at supper as part of an Italian family tradition, or when children consume wine at home as part of a Jewish sader (passover meal).

I am assuming your friends are talking about partying away from home, in which case you are still right.

Good luck.