Questions tagged [alcohol]

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-3 votes
3 answers
170 views

Alcohol purchase refusal

In my county alcohol sales are until 2am Monday-Thursday, Friday-Sunday 3am. I was recently at a local convenience store and was refused service due to the franchise owner having a lock on computers ...
25 votes
11 answers
10k views

Is there any way to legally sleep in your car while drunk?

As I understand it, if one is found inside one's car with the keys while drunk, even if asleep, one is as guilty of drunk driving as if one was actually driving. If one finds oneself over the limit, ...
1 vote
0 answers
80 views

What would be required to establish probable cause for an arrest and charge for obstruction of justice?

This question asked is it legal to pretend to be drunk? A potential charge of obstruction of justice was suggested in one of the answers. What would be required to meet a reasonable standard of ...
2 votes
2 answers
218 views

Is it legal to pretend to be drunk?

There is a famous joke that goes like this: There is a huge crowd drinking in a pub in the outskirts of a small town. A police car waits in hiding nearby, to catch anyone who tries to drive away ...
-4 votes
2 answers
113 views

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

It would likely be unconstitutional for a state to prohibit minors from consuming small amounts of alcohol for religious purposes, such as Communion in Christianity. It is possible, although unlikely, ...
12 votes
2 answers
3k views

Has anyone been prosecuted in the US because a minor consumed alcohol for religious purposes?

Has anyone been prosecuted because a minor drank alcohol for religious purposes, such as sacramental wine used for the Eucharist/Communion in some Christian denominations? This could be either the ...
71 votes
7 answers
17k views

Is it illegal to ride a drunk horse?

Tedd owns a riding horse. One day, Tedd notices that his horse has somehow gotten itself drunk. Tedd has someplace where he needs to be, so he saddles up his drunken horse and rides to his ...
1 vote
2 answers
292 views

If the 21st Amendment was repealed, would Prohibition go back into effect?

The 18th Amendment prohibited alcoholic beverages; the 21st repealed the 18th. If the 21st Amendment were repealed, would that "un-repeal" the 18th Amendment and reinstate Prohibition?
6 votes
1 answer
1k views

What does Section 2 of the 21st Amendment to the US Constitution do?

Section 2 of Amendment 21 to the US Constitution says the following: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of ...
0 votes
1 answer
95 views

What is the standard for determining addiction?

The purchase of a firearm requires a statement that the purchaser is not addicted to controlled substances. That being said, is there a "bright line" for determining alcohol addiction? ...
0 votes
1 answer
103 views

Can you serve a drunk alcohol in Texas?

If a TABC certified bartender believes someone is inebriated, can they serve them alcohol in Texas? To what degree are you criminally and civilly liable for this transaction? If the patron gets in a ...
4 votes
2 answers
2k views

Why is research grade ethanol seemingly exempted from excise duties while pure ethanol ment for consumption isn't?

At Sigma-Aldrich I can buy one liter of unadulterated ethanol for just 26.60 EUR. This ethanol contains no additives and is pure enough for analytical purposes. Its made by fermenting grain or ...
17 votes
2 answers
6k views

Why don't alcoholic beverages have the ingredients list?

Most alcoholic beverages (such as beers and wines) don't list the ingredients or nutritional information. Why is this? Is there a special exception for alcoholic beverages?
0 votes
2 answers
64 views

A prior offence vs. 2 or more prior offences

I am confused about the following statement. First it says: a prior offence in the last 10 years, you will be disqualified from holding a driver's licence for 3 years from the date of the conviction ...
2 votes
2 answers
125 views

Drinking whilst driving but remaining under the limit

Now, I understand all of the below is ill advised, I'm just curious as to the legality of it. Unlike in the US, to my knowledge, the UK has no open container laws. It's perfectly legal for every ...
-1 votes
3 answers
230 views

In US law, what is the legal difference between an alcoholic beverage in an open container and one in a closed container?

Watching TV and discussing https://law.stackexchange.com/a/90054/8683, the matter of whether a container of an alcoholic beverage is open or closed may be of importance. I've heard of minors being ...
1 vote
2 answers
495 views

If you taunt someone, then are you disqualified from "self-defense" when they become violent with you?

Dave is angry and intoxicated. Terry the Troll goes up to Dave and starts insulting him and his mother (etc.), and Dave lashes out and starts trying to beat up Terry. My question is if Terry "...
6 votes
4 answers
7k views

In Washington: Is it legal to sell alcohol to someone without an ID who looks 90 years old, after asking to see their ID?

At the store I used to work at, if you ask for ID, the customer NEEDS to provide it. They could have grey hair, a cane, and even be verified as 21+ by someone else, and it still wouldn't matter. We ...
0 votes
1 answer
103 views

Convictions for not doing age verification check for selling alcohol

The following questions are about selling alcohol in the United Kingdom. Has anyone ever been convicted by a court for the only reason they did not do an age verification check? What evidence would ...
24 votes
5 answers
9k views

What does "Have you been drinking?" really mean?

If a police officer asks a driver "Have you been drinking?", then the driver should either plead the fifth (and not answer the question), or answer the question truthfully. Let's assume the ...
1 vote
1 answer
150 views

What is punishment (if any) for making another adult involuntary intoxicated with alcohol, no other actions and injury, USA?

I've tried to goggle, I only find intoxication defense. I'm interested what is punishment (if any) for making another involuntary intoxicated with alcohol knowing it was alcohol and the goal was to ...
7 votes
2 answers
2k views

DUI question with keyless ignition

I am aware you can get a DUI just sitting impaired in a car with keys in ignition. I have a car with a keyless ignition. I was wondering what the standard for DUI is in this type of car. I do not ...
6 votes
1 answer
4k views

Is it legal to drink alcohol in public in Penn Station, New York?

In the central concourse of Penn Station there are four or five deli counters advertising and selling draft beer. It is served in a large plastic cup with a straw. There is no place to sit in the deli ...
3 votes
2 answers
4k views

Selling Beer From A Vending Machine

I'm a member of a college fraternity that has a vending machine their basement that sells cans Miller High Life. It's not accessible to the public and it doesn't accept cash, only fraternity members ...
0 votes
1 answer
258 views

Do you require a license to cold distill in the UK?

You are free to brew as much beer as you want in the UK as long as it is for personal use. For distilled spirits, where one evaporates and captures the alcohol, you need a license. I'm just wondering ...
1 vote
1 answer
130 views

What laws govern being barred from a court you are required to attend?

It is in the news that someone was barred from attending their own court attendance, and had an arrest warrant issued for failure to attend, because a security guard determined they were drunk: ...
2 votes
1 answer
148 views

What is the legal basis for the 8.5-litre personal exemption amount for the importation of beers into Canada?

The duty-free limit for residents returning to Canada is 1.5 L for wine only, 8.5 L for beer and ale only or 1.14 L for all alcoholic beverages. The relief provisions for wine and alcoholic beverages ...
59 votes
9 answers
14k views

Can I get a DUI in my wheelchair?

I use an electric wheelchair. Upon leaving a bar, I notice I am pretty inebriated. Obviously I shouldn't drive an automobile, and I don't. But what about my wheelchair? I know some jurisdictions ...
7 votes
3 answers
837 views

List of state and federal authorities having regulatory control over microbreweries

Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own ...
3 votes
1 answer
382 views

NYS Tied House Law, explained

Upstate NY (USA) here. Reading the NYS State Liquor Authority's Brewery Quick Reference Guide and trying to understand the Tied House Law passage on page 1: "Tied House...Additionally, the 'tied ...
-2 votes
2 answers
113 views

Is a distilled spirit mixed with a scheduled substance excluded from the definition of a controlled substance?

The Controlled Substances Act provides the following definition: (6) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III,...
0 votes
1 answer
482 views

Tax in Michigan

I live in Michigan and recently went to this new local bar where I was charged tax on my $3 beer. So total was $3.18. Is that illegal
2 votes
1 answer
415 views

Is it illegal to lie about alcohol consumption at a ride check program? (Canada)

Suppose I have a drink, then drive home after an hour. If I get stopped at a police ride check, I usually say I have not consumed any alcohol, because I don't want to take a breathalyzer test or risk ...
2 votes
1 answer
163 views

Is selling alcohol from one individual to another for profit illegal without a license?

Consider this scenario: Joe works at a liquor store. Shortly before the store closes a potential customer calls in, and asks if Joe could purchase the products so that the customer can buy it off him ...
6 votes
1 answer
618 views

Is it legal for a bartender to serve "virgin" drinks to an intoxicated patron without telling them?

An occasional trope in media, or in real life, is to have someone who is obviously intoxicated handed another drink and, when someone calls the server on it, they say that they gave them water instead ...
3 votes
1 answer
102 views

DUI Charges in America

Suppose a person falls below the legal BAC limit for a state in the USA (say the limit is 0.08%). Can the person still be charged with a crime? Are police officers required to put handcuffs on anyone ...
4 votes
1 answer
977 views

When is a drink classed as alcohol in the UK?

The legality of the sale of non- or low alcohol drinks in the UK seems to be poorly understood. The references I have read are forum/discussion posts which are so often contradictory, and blog-type ...
0 votes
1 answer
113 views

Springsteen was charged with "consuming alcohol in an enclosed area"

Bruce Springsteen received including DWI and "consuming alcohol in an enclosed area" (the word "closed" is also used) in November 2020 in Gateway National Recreation Area in New ...
2 votes
1 answer
435 views

When is it illegal to carry opened alcohol in public?

I heard it's technically illegal to have an alcoholic beverage that is not in the same state it was sold in, in public. Does this mean if a single can of beer is missing from a six pack it is illegal?...
4 votes
1 answer
243 views

How can I liquidate alcohol as part of an estate in the US?

If I'm the executor of an estate for a person that was the sole proprietor of a bar/restaurant that is stocked with bottles of booze and kegs of beer is there any legal way to sell it to generate cash ...
4 votes
2 answers
2k views

Drink and riding (bicycle) offence in Germany

I am charged with a criminal offence in a drink-and-riding-a-bicycle case. I have received a letter mentioning the alcohol content 1.66 promile. I have accepted the charges and agreed to pay the fine. ...
0 votes
1 answer
143 views

Is There Any Alleviating Defence in Intoxication While Driving

Considering this hypothetical scenario: A voluntarily intoxicated man (e.g. driving home from a bar) causes an accident which results in the death of the other driver. Under UK law is there any ...
1 vote
2 answers
395 views

Use deadly force while under the influence?

I recently completed a CPL/CCW class in Michigan and had a random thought. I understand it is illegal to possess a firearm while under the influence of alcohol, but what are the ramifications if ...
1 vote
0 answers
97 views

Who is responsible if a minor drinks alcohol leftover by a restaurant patron?

Let's say you walk into a restaurant and order a meal with some alcoholic beverages. At the end of the dinner you pay for your meal and exit the restaurant, leaving some leftover alcoholic drinks on ...
1 vote
1 answer
597 views

Why aren't alcoholic extracts considered alcoholic beverages?

Why are some alcoholic liquids allowed to be sold without restrictions, while others are taxed and illegal to sell or serve to anyone under the legal drinking age? Examples of "exempt" alcohol: ...
0 votes
1 answer
124 views

How to stop an alcoholic from driving- distance is an issue

I have a family member who is an alcoholic and I think has been driving drunk. I want to report him and potentially get his license taken away, but no family or friends live close to him, so we have ...
0 votes
0 answers
79 views

is a state-run monopoly a market participant?

Hypo: A state wishes to tax alcohol to raise revenue while at the same time protecting their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-...
2 votes
0 answers
23 views

What determines the pertinent regulations on the sale of products and services to passengers in international flight?

I hope someone can help. I am conducting research and have been looking at the Chicago and Tokyo conventions with respect to which convention governs the sale of goods and services to passengers when ...
5 votes
2 answers
66k views

What are the drinking age laws in Germany?

I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow ...
0 votes
0 answers
47 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...