Feature Article

Parents Furnishing Alcohol to Minors in Arizona: The Risks and Consequences

In Arizona, giving alcohol to minors is a significant crime, with serious consequences. However, many parents may feel conflicted about this law and may have questions about the possible exceptions. If you are a parent in Arizona, this article will provide you with an in-depth analysis of the legal and health risks associated with providing alcohol to minors, as well as defenses that may apply if you or someone you know has been accused of violating this law.

Why is Furnishing Alcohol to Minors Illegal?

First and foremost, the law is in place to protect minors from the harmful effects of alcohol. Underage drinking can cause a wide range of physical, emotional, and mental problems, including brain damage, liver damage, addiction, depression, and anxiety. Furthermore, minors who drink are more likely to engage in risky behaviors such as drug use, unprotected sex, and driving under the influence.

What are the Legal Consequences of Furnishing Alcohol to a Minor?

Under Arizona law (ARS §4-244(9)), it is illegal to supply alcohol to anyone under 21, including your own children. Violating this law can result in a Class 1 misdemeanor charge, which carries a sentence of up to six months in jail and a fine of up to $2,500. Additionally, the offender may be required to perform community service, attend alcohol education classes, and complete a substance abuse evaluation.

Are There Any Exceptions to the Law?

In Arizona, there are no exceptions to the law that allow the furnishing of alcohol to minors. This means that even if a parent provides alcohol to their own child in the privacy of their own home, they are still breaking the law and can face legal consequences. It is crucial to note that this policy is in place to safeguard the health and well-being of young people and ensure compliance with state regulations.

What Defenses Can Be Used?

If you or someone you know has been accused of furnishing alcohol to a minor in Arizona, several defenses may apply. The most common defenses include:

1. Mistaken Age

If the accused believed that the minor was of legal drinking age or had a reasonable belief that the minor was of legal drinking age, they may be able to assert the defense of mistaken age. However, this defense is not foolproof and requires a showing of due diligence on the part of the accused.

2. Medical Emergency

If the accused provided alcohol to a minor to prevent a medical emergency or alleviate an existing medical condition, they may be able to argue that they acted out of medical necessity. However, this defense is narrowly construed and requires a showing of specific medical circumstances.

3. False Accusation

If the accused can prove that they did not furnish alcohol to a minor as alleged, they may be able to assert the defense of false accusation. However, this defense requires strong evidence and can be challenging to prove.

The Bottom Line

If you are a parent in Arizona, it is essential to understand that it is illegal to furnish alcohol to minors, even in private settings. Not only can you face legal consequences, but you also put your child's health and future at risk. The best course of action is to set a good example by abstaining from alcohol around your children, having open and honest conversations with them about the dangers of underage drinking, and seeking professional help if you suspect that your child has a drinking problem.

Furnishing Alcohol to a Minor in Arizona: Defenses