I served as legal adviser for BADD, Bartenders Against Drunk Drivers.
I have defended taverns accused of overserving alcohol, as well as defended clients accused of driving impaired. I have represented my clients at license hearings at the NH Department of Motor Vehicles and at the MA Registry of Motor Vehicles.
I have represented underage college students accused of transporting and unlawful possession. With the legal age to drink still 21 in New Hampshire, underage high school and college students are being arrested and charged with “Unlawful Possession and Intoxication” pursuant to RSA 179:10. However, the State does not have to prove both unlawful possession and intoxication, just one. Also, the alcohol can be inside the student’s body, called “internal consumption.”
For this same offense, the State can also bring additional charges against the student pursuant to RSA 263:56-b and seek license suspension for “abuse of alcohol” even if the student wasn’t anywhere near an automobile.
Still more, some school student handbooks make internal possession an ethics violation and impose fines.