Legal Question in DUI Law in New York

Social Host Law

If a parent is away on vacation and their child has underage kids drinking at their house, are they liable under the law?


Asked on 8/06/07, 5:49 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Social Host Law

I assume you are speaking of the new social host laws in Nassau county and in some of the cities therein.

By way of the Nassau law, it seems that there are facts that could result in a conviction for an absent parent in your scenario, the parent would in fact be liable if he knew or had reason to know that underage minors were drinking in his home.

It will be a tough case in some instances, but yes a district attorney could concievably get a conviction if the minor giving out the alcohol had done it before, and if the liquor was readily available in the home etc. etc.

I do not know if the courts will find this law constitutional or not, although I would love to handle the test case.

Be advised.

Good Luck.

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Answered on 8/06/07, 11:49 pm


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