There are numerous illegal acts that can occur when alcohol or intoxicating liquors are involved. An intoxicating liquor is a beverage that contains alcohol. Since alcohol can influence a person's actions, states have created laws to regulate the selling and consuming of intoxicating liquors. Some of the most common crimes that involve violating these liquor laws include:

  • Driving under the influence
  • Underage drinking
  • Public intoxication
  • Selling liquor without a license
  • Selling liquor to an intoxicated person
  • Selling liquor in a prohibited location
  • Violation of dry laws

Driving Under the Influence

Driving under the influence, or DUI, is the crime of operating a vehicle after drinking alcohol. To determine whether a driver is too intoxicated to drive, police will usually administer field sobriety tests, such as walking a straight line. They may also check the driver's blood alcohol level by using a breathalyzer or a blood test. States vary as to what alcohol level is deemed illegal to drive.

Underage Drinking

All states prohibit people under the age of 21 from drinking alcohol. Stores and bars can be found criminally liable for selling to a minor. Even parents may be charged with giving alcohol to their children. The purpose for the age limit is to attempt to prevent bad decisions based on intoxication. A seller can have its liquor license suspended if it violates this law.

Public Intoxication

States vary as to whether public intoxication is a crime. Many states have no public intoxication laws. Other states only consider it a minor crime. In order to be charged, the person accused of being intoxicated must usually show an inability to take care of himself or is committing some misconduct.

Selling Liquor without a License

States require licenses to sell liquor. Any restaurants, bars or stores that want to serve alcoholic beverages must receive a license. Each city or town may also have specific regulations for acquiring liquor licenses. The selling of liquor without a license is illegal and can lead to a fine.

Selling Liquor to an Intoxicated Person

Sellers are prohibited from selling alcoholic beverages to any person who's visibly intoxicated. Signs that a person is intoxicated include bloodshot eyes, smelling of alcohol and walking with a stagger. If a seller does serve an alcoholic beverage to an intoxicated person, he may be fined or his liquor license may be suspended.

Selling Liquor in a Prohibited Location

Many cities and towns have laws that regulate where liquor can be sold. They won't grant licenses for the sale of alcohol for locations close to schools, churches, synagogues or other places of worship. They may also restrict a store or bar from selling liquor close to other establishments that are licensed to sell alcohol.

Violation of Dry Laws

Dry laws are laws that restrict the sale of alcoholic beverages at certain times. These laws include blue laws, which restrict liquor sales on Sunday. Within states, counties will vary as the extent of the restrictions. Some counties prohibit sales at night and throughout the entire day of Sunday. Other counties will restrict sales only up to a certain time on Sunday, such as noon.

Some of the more alcohol-permissive states include Louisiana, Missouri and Nevada. These states have fewer restrictions on sellers than other states. States that have stricter liquor restrictions include:

  • Arkansas
  • Georgia
  • Indiana
  • Kansas
  • Minnesota
  • Mississippi
  • South Carolina
  • Tennessee
  • Utah

Questions for Your Attorney

  • Can I refuse to take a breathalyzer or blood test if I am suspected of driving under the influence?
  • What do I have to do to receive a liquor license from the state to sell alcoholic beverages at a restaurant?
  • Is it okay to allow my 16-year old son to drink a glass of wine at dinner with us at home?