You asked what penalties apply if a 17-year old is cited for possession of alcohol in a motor vehicle. You also wanted to know if the penalties differ for a 17-year old versus an 18-year old in this situation. The circumstances you cite are that the minor was arrested for possession of alcohol but was neither operating the vehicle nor behind the wheel at the time. You also wanted to know if the person will be required to file a certificate of financial responsibility upon reinstatement of his license.

Although we cannot be sure because we do not know all of the facts in the situation you described, it appears that either of two laws could be involved. In neither case would the penalty differ for an 18- versus a 17-year old since the laws apply equally to anyone under the legal drinking age, which is 21 years. Under one of the laws, anyone under legal drinking age who is not accompanied by his parent or guardian and operating a motor vehicle in which a police officer finds alcoholic liquor can be summoned by the police officer to appear at a hearing at the Department of Motor Vehicles (DMV) to show cause why his license should not be revoked. If the hearing officer finds that the minor knew or had reason to know that liquor was in the vehicle, he may revoke the minor's license for up to 60 days. Anyone over age 18 whose employment involves services for a liquor permit holder is exempt from the law (CSG § 14-111a).

It is illegal for any minor to possess alcoholic liquor. In this context, a minor is considered to be anyone under age 21. Until the law was changed by PA 06-112, this prohibition applied to possession on any street or highway or in any public place or place open to the public. PA 06-112 expands the prohibition, effective October 1, 2006, to all public or private property (CGS § 30-89 as amended by PA 06-112). (CGS § 30-89 also makes it illegal for a minor to purchase or attempt to purchase alcohol or to make any false statement in order to procure alcohol.) Currently, the penalty for possession of alcohol by a minor is a fine of $200 to $500. When PA 06-112 becomes effective, this fine will apply for a second or subsequent violation. A first violation of the possession prohibition will be an infraction. There are exceptions to the possession prohibition for employees of liquor permittees; minors possessing alcohol under a physician's order; minors accompanied by a parent, guardian, or spouse who is at least age 21; and anyone exercising their constitutionally protected religious freedom.

If anyone under age 21 violates the provisions of CGS § 30-89, the motor vehicle commissioner must suspend his driver's license or nonresident operating privilege for 150 days (CGS § 14-111e). If the person has not been issued a license, any issuance of a new license must be delayed for a period of 150 days from the date he satisfies all of the requirements for licensure.

Once the minor has served the appropriate license suspension under either of the laws explained above, he may apply for reinstatement. DMV does not require filing of a certificate of financial responsibility (known as an SR-22 form) in either case.

JF:dw