Underage Drinking

New Jersey

The policy topics, below, address statues and regulations related to underage drinking and access to alcohol.

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • private location

Internal possession is not explicitly prohibited.

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian
  • Beer: 18 for both servers and bartenders
  • Wine: 18 for both servers and bartenders
  • Spirits: 18 for both servers and bartenders

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • No driver's license suspension procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID

Provision(s) targeting retailers:

  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

BAC limit: 0.01 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • mandatory

Length of suspension/revocation: 180 days

Social host law is not specifically limited to underage drinking parties.

Action by underage guest that triggers violation: Consumption

Property type(s) covered by liability law:

  • Residence
  • Outdoor
  • Other

Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence

Exception(s):

  • Family