Chap 3.085 - Minors and Alcohol

CHURCHILL COUNTY SHERIFF’S OFFICE Subject Minors and Alcohol Reference Document Number NRS 202.020/NRS 484.379/CC 5.24.140 Policy / Regulation Number Effective Date 3.085 November 3, 2014 Special Instructions No. Pages 2 Approving Authority Ben Trotter, Sheriff Revision Date Legal Approval Date: Date: 11/03/2014 PURPOSE: The purpose of this policy is to establish procedures concerning alcohol offenses involving minors. POLICY: Churchill County Sheriff Office enforces state and local laws related to alcohol offenses involving minors. It is the policy of this Office to suppress illegal use of alcohol in our community. DEFINITIONS Minor: A person under 21 years of age PROCEDURE: I. Governing Statutes (Deputies may also use County Code 5.24.140):  NRS202.020  Purchase, consumption or possession of alcoholic beverage by minor. 1. Any person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor. 2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.   3. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.   4. For the purposes of this section, possession “in public” includes possession:   (a) On any street or highway;  (b) In any place open to the public; and  (c) In any private business establishment which is in effect open to the public.  5. The term does not include:   (a) Possession for an established religious purpose;  (b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;  (c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;  (d) Possession in private clubs or private establishments; or  (e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages. NRS 484.379 Driving Under the Influence of Alcohol II. Driving Under the Influence of Alcohol (D.U.I): 1 CHURCHILL COUNTY SHERIFF’S OFFICE A. See Chapter 3.105 for probable cause and arrest procedures B. See DP45 form for license revocation for DUI cases where a minor has a blood alcohol content of .02 or higher. III. Minor in Consumption of Alcohol (M.I.C.): A. Probable cause for arrest or citation for MIC shall be based upon any of the following: 1. Odor of alcohol on breath. 2. Actual observation of alcohol consumption by a minor. 3. Blood alcohol content on a Preliminary Breath Test of .002 or more. 4. Though advisable, a PBT result is not required if odor or observation exist. 5. A legal blood alcohol is not required for MIC. 6. The DP45 form does not apply to MIC. It does apply to DUI. 7. If the minor is under the age of 18, a parent or guardian must be notified. 8. Arrest or citation for these incidents is left to Deputy discretion with the caution that the Deputy remains consistent in his/her decisions. B. Citation or arrest for purchase or possession of alcohol by a minor should be based on either actual observation or facts gathered in the investigation. 2