Legal Question in DUI Law in Kentucky

Underage drinking in Kentucky?

Okay here is the situation. My girlfriend and her friends are having a birthday party at a friend's apartment (privately owned). One is turning 21. The other of my girlfriend's friends are 18-20. I am going and I am 22. There will be about five or so people there over 21. My question is 1.) Can I be charged with contributing to minors? and 2.) Can my girlfriend get in trouble since she is 19? I have read that as long as you are on private property, then there are no laws in Kentucky prohibiting underage drinking. Help????

I am not buying the alcohol, or even drinking for that matter.

Asked on 5/08/08, 11:39 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Underage drinking in Kentucky?

If law enforcement officials arrive at the party (probably due to a complaint from neighbors), and observe minors (under 21) consuming alcohol, any adult on the premises can be charged with unlawful transaction with a minor. Most such charges are difficult for the prosecutors to prove in court, however, since there must be some proof that the defendant actually provided the alcohol. Unless the minor in question is your child, you have no affirmative duty to prevent him or her from drinking alcohol; as long as you have not provided the alcohol or otherwise facilitated its consumption.

Best advice: Stay away from places, public or private, where minors are consuming alcohol.

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Answered on 5/09/08, 3:24 pm

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