Other Alcohol Offenses in Rhode Island Besides DUI

Being charged with a crime is something that can have long-lasting consequences, with DUI offenses being amongst the most common alcohol related crimes. However, beyond the most common DUI charges, there’s many more different types of criminal charges related to the use or consumption of alcohol. At Ellison Law LLC, we have experience with many different types of criminal charges related to the use or consumption of alcohol, some of them are the following:

Public Intoxication

Public intoxication occurs when a person is found in a public setting while being intoxicated from alcohol or under the influence of drugs. Typically, there are three signs that can lead to this charge:

1. The intoxicated person is causing a public disturbance;
2. The intoxicated person shows dangerous or violent behavior towards the general public;
3. The intoxicated person shows dangerous or violent behavior towards themselves or others.

A criminal charge that can accompany Public Intoxication is Disorderly Conduct. Disorderly Conduct can be seen as a general charge that can be intertwined with Public Intoxication. In that case, it’s commonly referred to as “drunk and disorderly conduct.” According to Rhode Island General Laws § 11-45-1, Disorderly Conduct is when you intentionally, knowingly or recklessly:

1. Engages in fighting or threatening, or in violent or tumultuous behavior;
2. In a public place or near a private residence that he or she has no right to occupy, disturbs another person by making loud and unreasonable noise which under the circumstances would disturb a person of average sensibilities;
3. Directs at another person in a public place offensive words which are likely to provoke a violent reaction on the part of the average person so addressed;
4. Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances;
5. Engages in conduct which obstructs or interferes physically with a lawful meeting, procession, or gathering;
6. Enters upon the property of another and for a lascivious purpose looks into an occupied dwelling or other building on the property through a window or other opening; or
7. Who without the knowledge or consent of the individual, looks for a lascivious purpose through a window, or any other opening into an area in which another would have a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing room, dressing room, bedroom, or any other such private area, notwithstanding any property rights the individual may have in the location in which the private area is located.

While other alcohol offenses may be seen as minor, being charged with public intoxication or with drunk and disorderly conduct is an offense that has to be taken very seriously because this type of charge is a misdemeanor. This means that besides being detained in a jail cell under “protective custody,” you could receive fines, have to enroll into an alcohol or drug program, do community service, receive potential jail time, be placed on probation and/or face having a criminal record.

There are other types of alcohol-related offenses which center around alcohol with underage people.

Minor in Possession of Alcohol

In Rhode Island it is against the law for any person who is 21 years old or younger to have in their possession any type of beverage that the law defines as alcoholic. This can be found in Rhode Island General Laws § 3-8-10. Under the Rhode Island law a “beverage” includes any liquid that either by itself or by mixture with any other liquid contains five tenths of one per cent (5%) or more of alcohol by weight.

This means that if a minor is found guilty, besides the fines, community service and license suspension, they can face having a criminal record. This can create long-lasting problems because this crime could stay on your criminal record.

Purchasing Alcohol to Minors

Purchasing Alcohol to Minors is also known as Furnishing or procurement of alcoholic beverages for underage persons. According to the Rhode Island General Laws § 3-8-11.1, it is unlawful:

1. To purchase from any licensee or any employee of a licensee any alcoholic beverage for the sale, delivery, service of or giving away to, any person who has not reached his or her twenty-first (21st) birthday;
2. To purchase from any licensee or any employee of any licensee any alcoholic beverage with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who has not reached his or her twenty-first (21st) birthday;
3. To knowingly furnish any alcoholic beverage for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st)birthday;
4. To procure alcoholic beverages for the sale, delivery, service of or giving to any person who has not reached his or her twenty-first (21st) birthday; or
5. To otherwise permit the consumption of alcohol by underaged persons in his or her residence or on his or her real property.

The penalties for Furnishing or procurement of alcoholic beverages for underage persons are the following which are found in Rhode Island General Laws § 3-8-11.2:

1. For a first violation, shall be punished by a fine of $350-$1,000 and/or jail for up to 6 months
2. For a second violation, shall be punished by a fine of $750-$1,000 and/or jail for up to 1 year.
3. For a third or subsequent violation, shall be punished by a fine $1,000-$2,500 and/or imprisonment not exceeding three (3) years. A third or subsequent offense is a felony.

Even though the consequences of breaking the law can be severe, it doesn’t mean that it’s impossible to challenge the allegations against you. It is strongly advised that, if you’re charged with a criminal offense, you should seek legal counsel and guidance of a skilled local criminal defense attorney.

Our attorneys at Ellison Law LLC are experienced in representing people charged with alcohol-related offenses. If you or a loved one are charged with public intoxication, minor in possession of alcohol, purchasing alcohol for a minor or with another alcohol related crime, don’t hesitate to contact us today at 401-230-5520.