Underage drinking and what parents are responsible for

In Kentucky a person under 21 may not buy, try to buy or possess alcohol for personal use. Adults who supply alcohol to someone under 21 can face criminal charges.

What people under 21 may not do

Under KRS 244.085, a person under 21 may not:

• Possess alcohol for personal use, buy it, try to buy it or have someone else buy it.
• Enter a licensed business to buy or be served alcohol.
• Misrepresent their age to get a business to sell or serve alcohol.
• Use a false, fraudulent or altered ID to get alcohol.

For a person aged 18 to 20, each of these is a violation, an offense punished by a fine and not jail. A repeat false ID offense is a Class A misdemeanor. For a person under 18, they are treated as status offenses and are handled in juvenile or family court.

The family exception that exists, and the ones that do not

KRS 244.085 contains no exception for drinking at home or with a parent’s permission. The one family exception is narrow. The crime of unlawful transaction with a minor, described below, does not apply to a parent or guardian of that minor. It does not cover anyone else’s child, so a parent who lets a son’s or daughter’s friends drink is not protected.

Adults who supply alcohol

Under KRS 530.070, a person other than a licensed retailer who knowingly sells, gives, buys or obtains alcohol for a minor commits unlawful transaction with a minor in the third degree. For alcohol, Kentucky law treats anyone under 21 as a minor. The offense is a Class A misdemeanor, which carries up to 12 months in jail. KRS 244.085 also prohibits anyone from helping a person under 21 buy or be served alcohol, and that rule has no parent exception.

Civil liability and driver’s licenses

KRS 413.241 limits lawsuits against licensed bars, restaurants and stores, but only for serving customers who are old enough to buy alcohol. By its terms it does not cover serving someone under 21. Whether an adult who hosts underage drinking at home can be sued for resulting harm depends on the facts and on court decisions.

A driver under 21 with an alcohol concentration of 0.02 or more commits DUI and faces a license suspension. For a driver under 18, the suspension lasts until age 18 or for the standard period, whichever is longer. A parent who signs a license application for a child under 18 is jointly liable for damage caused by the child’s negligent driving, unless proof of financial responsibility, such as insurance, is on file for the child.