If you’re an avid football fan, whether at the college or pro level, you may be attending or even planning at least one tailgate party this season. Of course, tailgate parties can accompany concerts and other events as well.
Most people don’t consider the possibility that they could be breaking any laws by participating in a tailgate party as long as they have permission to be in the space where they are – generally in parking lots. However, anywhere that large amounts of alcohol are being consumed can bring the potential for arrest.
Let’s look at just a few things to know about that can keep you out of handcuffs during your next tailgate party.
Avoid driving with any “open containers”
Maryland, unlike some states, has an open container law. Therefore, it’s best to keep any alcohol you’re bringing locked in the trunk until you arrive. That includes unopened bottles and cans. You should also thoroughly look around the inside of your vehicle before you go home to make sure nothing was left or tossed inside your car.
Don’t serve alcohol to minors
Remember that underage drinking is illegal. So is providing alcohol to minors (anyone under 21). Even if you’re not handing out bottles of beer or hard cider to kids, you want to make sure it’s not just out there where anyone can grab it.
Don’t risk a DUI
If you’re planning to drink at your tailgate party or someone else’s, make sure you designated driver to get you home. That’s not the person who’s the least drunk. It’s someone who has committed to not drinking anything alcoholic (or becoming impaired by anything else). You can make it easier by bringing a selection of non-alcoholic drinks.
Just a reminder – it’s not impossible to be arrested for DUI even if you aren’t driving. If you’re sitting in your car with the engine running or even the keys in the ignition and a beer in your hand, an officer could potentially arrest you.
Laws around alcohol vary by state, so if you go into Virginia or D.C. for a tailgate party, remember that you’re subject to different laws. Following these tips, however, will help keep you out of trouble wherever you’re tailgating.
If you do find yourself charged with a criminal offense, don’t take it lightly. A conviction could follow you for a long time. It’s always smart to get legal guidance.