The proper behavior involving alcohol on universities varies. Most universities in Colorado are not dry universities, so if a person is over 21, they are allowed to have alcohol on campus. If they are over 21 and living on campus with an under 21 roommate, they are not allowed to have alcohol. They can have a shared room, but they cannot disseminate alcohol to underage folks. If they provide alcohol to folks who are under the age of 21, they risk a felony charge for contributing to the delinquency of a minor.
The sentence can be rather lengthy. It is a potential felony conviction on their record, and that carries with it the possibility of significant jail time at the state penitentiary. They should not give alcohol to minors. If they are over 21, they should not buy it for anybody but themselves. They should be aware of keeping it on their person and not sharing it in a residential setting on campus.
If you are facing charges for an alcohol-related offense on campus, a knowledgeable student defense attorney could help you build a defense. Jenn and Justie at Nicol Gersch have lots of experience helping students fight charges against them. Let a skilled Colorado Front Range campus alcohol offense lawyer help you mitigate the consequences or avoid a conviction.
Alcohol-related charges often arise on college campuses through tailgating issues. At Northeastern Junior College in Sterling, the dorms had cracked down on having any sort of alcohol inside the dorm because most kids that in JC are under the age of 21. The JC told the kids that if they are found with alcohol in their dorm, they will be expelled.
So what the students had been doing then is going out in the parking lot, tailgating in the back of their pickup, and then going back into their dorm room. Technically, there is no alcohol in the dorm. It is in the car. The problem starts if they have the keys in their pocket and they are tailgating. They are committing a driving under the influence (DUI) offense because they are an actual physical possession of their vehicle at the time that they are drinking.
The best way to avoid charges is not to do it, but alcohol-related charges generally come from underage kids having alcohol on campus.
Some of the most common alcohol-related charges seen on campuses include minor in possession (MIP) of alcohol. Most of the time, the cops are not going to write their ticket. If they are sober and they just have a bottle of alcohol in their possession, unless it is open, they are not likely to get an MIT.
Police will use what is called a portable breath test (PBT) to determine whether there is any alcohol in their system. This is a VOLUNTARY test for suspects, but the cops often do not make that clear. If they suspect you have been drinking and you DO NOT give a PBT, then they are likely to give you a ticket anyway. They could even arrest you, although arrest is unlikely. A PBT is not admissible as a blood test in a DUI, but a PBT positive result is admissible for purposes of a minor in possession in Colorado courts. If they blow a positive, there is alcohol on their breath, and then they may be charged with a MIP.
A season colorado Front Range campus alcohol offense lawyer could determine whether the PBT is admissible in a case and help drop the charges.
Another offense is contributing to the delinquency of a minor, which occurs if they are over the age of 21 and they purchase or provide alcohol or marijuana to someone underage. If they provide those drugs or alcohol to people who are minors, they can be facing a felony contributing to the delinquency of a minor charge. Some folks will have fake IDs. They will lie about who they are, that is the basis for a false reporting charge or a felony attempt to influence the public official as well as sanctions under liquor licensing laws in Colorado.
False reporting or attempt to influence are extremely bad to have on their record for potentially the rest of their life. DUI offenses are also common because most of the college campuses are not walk-on campuses, and there is a lot of tailgating for football games, so students need to be very careful.
Campuses have carved out an exception for criminal conduct and criminal charges if they need to call for someone else’s health and well-being. There have been a number of alcohol-related deaths and drug-related deaths over the years at off-campus fraternity and sorority houses. CSU and local authority did not pursue charges for any whistleblower to call 911 for help if someone else is experiencing alcohol poisoning and need medical attention.
If a person is under the influence and worried about a MIP, they should not be worried about their own criminal conduct. There is an exception when they call for someone else’s help and do the right thing to prevent underage and young adults in alcohol poisoning and drug-related deaths.
A student defense attorney can help after a student has been found responsible for an alcohol-related offense. It is hard to get involved after they have been found responsible for it. However, if they are in a criminal context and there is a possibility of doing a deferred judgment or diversionary agreement that keeps the case from resulting in a guilty plea. Students can seal their case after the fact. If they are under 18, it is called expungement. Even most convictions can be expunged if they are under 18, and the timing is right. Sealing and expungement are post-conviction remedies. It would be beneficial to know before they resolve their case whether it is eligible to be sealed at a later date, what that waiting period is, and how their subsequent actions can affect the ability to seal or expunge a case.
Only an experienced Colorado Front Range campus alcohol offense lawyer can tell them what can and cannot be sealed. It is recommended to start the case with an attorney, finish the case with an attorney. Call today to speak with Justie and Jenn at Nicol Gersch to discuss your legal options.