[reproduced] USA drinking laws

USA Street drunk too much!

The original address:American drinking methodAuthor:Legal Window

Please note that this is the February 6, 2005 draft broadcasting

Reporter: Ya Wei| Washington

In the "legal window" in, we need to talk about USA drinking method. America law both in patients, or to the individual, or the hotel offers wine bar, have set up the corresponding provisions, such as federal law requires all States to the statutory minimum drinking age is twenty-one years old. USA law has strict control on alcohol, is the history and USA persistent anti alcohol dead Yong plant _ of marriage.

* American anti drunk dead *

In eighteenth Century the British colonial period, the wine trade in the continent of America is very developed, it is accompanied by the alcohol problems. The United States of America was founded, Congress once tried to some wine tax, but without success. In the mid nineteenth Century, the temperance dead friends bar Bai U. In 1851, the Maine passed prohibition law, twelve other states followed by the prohibition law. In 1919, the eighteen amendment to the Constitution by USA Congress, the implementation of a comprehensive prohibition nationwide. This amendment makes clear a regulation, brewing, in all the territory under the jurisdiction of the America and sales or Dong Tuo corn wheel Xu system trouble Lun Bian Qi sincere about saddle weir @ wine input or output. all territory under the jurisdiction of the America and are prohibited.

By 1920, there were thirty-three states to implement the prohibition. However, the comprehensive prohibition didn't stop drinking, but drinking activities underground, thus forming an unregulated market, leading to various organized crime is increasing, which prompted USA Congress passed the twenty-first amendment in 1933, which abolished the eighteenth amendment, cancellation of a comprehensive prohibition law. The twenty-first amendment and the sale and use of liquor control power to the states.

A total of twenty-seven American constitutional amendment, which has two special about wine, visible American law to wine is very important. From twentieth Century 30 years to 50 years, states began to gradually relax the drinking method. However, there is still a lot of county maintained the prohibition of traditional country. From twentieth Century since the late 70's to now, the anti alcohol sports and M into a new stage, people on alcohol control to various wine sales advertising.

* the national minimum drinking age law *

Above we talked about USA federal law requires States to minimum drinking age is twenty-one years old, this provision is based on congress in 1984 passed the "national minimum drinking age law", also called "unified the drinking age law" and set, the law requires States to can buy and hold wine in a public place. Age of twenty-one years. According to the "provisions of federal highway aid law", if the state does not implement the minimum drinking age act, the federal government will cut back on its highway funding. Then, why America law the statutory minimum drinking age at twenty-one years old?

According to the "America highway traffic safety administration" statistical data of 1999, 1998, eighteen years to twenty year old man died of a car accident, Forty-two percent is because drinking caused. Because of drinking the victim of the traffic accident, at the age of eighteen year old people than other age people. However, since 1975, the implementation of the minimum drinking age law, there are ten thousand eight thousand people were saved, only in 1998 year, there are hundreds of lives were saved.

However, minimum drinking age law does not say, as long as it is over twenty-one years of age who can easily drinking at any place and at any time, it doesn't mean that people under the age of twenty-one he would not drink. State University of New York at Potsdam sociology professor emeritus David Hansen discussed several exceptions. He said: "some states require, parents can give their children to drink in their own homes, much of the age of the child it doesn't matter; some state regulations, religious activities can be an exception, a person under the age of twenty-one from the clergy there to receive a wine. In some states, regulations, doctors prescribe for people under the age of twenty-one prescription containing alcohol. What kind of situation is the exception, state laws are not the same."

Another situation can also be the exception, that is, if your employer is licensed winery, is also a wholesaler or retailer of wine, then you are during his legal work because of the working relationship between drinking is allowed. needs to be pointed out is, although America federal law requires the state to adopt minimum drinking age law, however, states can still not in accordance with the requirements to.

"The Pacific Research and evaluation" division of California lawyer Jim Mo she explained: "although the minimum drinking age law is a national law, but states can ignore. The state can be said, they still hope that the minimum drinking age is eighteen years old, rather than the federal government's public road funding. The federal government can say, if you do, we will give you funding, if you do not, we can not give you the appropriation. According to the USA constitution, if the federal government to minimum drinking age law imposed on States, this do themselves controversial."

American Washington lawyer Mark Soni said: "the federal government practice is to implement twenty-one years minimum drinking age law as the main states receive federal funding, is a prerequisite for highway funding. The States had no legal duty to do this. But, economically, they had to do it, because otherwise, they will lose money."

* the legal responsibility and provide drinking wine

We are providing wine drinker, adult and liquor business in these three areas to talk about American drinking method. Jim Moshe lawyers said: "provisions are all state USA, people over the age of twenty-one when driving, if the alcohol content of zero point one percent is illegal. Man with a weight at about one hundred and fifty pounds of drink five cups of wine in one hour, the alcohol content in the blood will reach this height. For people under the age of twenty-one, almost all of the states have implemented 'provisions not tolerate', found to be a little alcohol in the blood when driving, that is in violation of the provisions are not allowed to drunk driving."

Take Marley as an example of Lanzhou, a people under the age of twenty-one to drive or if the alcohol content is illegal in zero point zero one percent or zero point zero two percent above, when driving, common ground says, the man drank a cup of drink driving or attempting to drive is illegal, most offenders will be fined $five hundred, the license may also be temporarily withdrawn or revoked. In addition, by age, borrowing another license, using forged or tampered license and providing false report way, buy wine from the business license of the liquor business there, is illegal, most first-time offenders will be fined $five hundred, repeat offenders will be fined $one thousand, and a driver's license may be temporarily recovery or hanging pin.

For adults over the age of twenty-one, provide the wine for people under the age of twenty-one to obtain or, and for people under the age of twenty-one to buy wine and liquor business age, these are illegal, first-time offenders will be fined up to $five hundred, repeat offenders will be fined $one thousand. In some cases, the behavior of adults will because the cause of juvenile delinquency and be fined not more than $two thousand five hundred and sentenced to three years in prison.

The business license of a liquor business, any time to people under the age of twenty-one to sell or provide alcohol is illegal, offenders will be fined not more than $one thousand, or sentenced to two years in prison following the. Business license to sell wine business may also be temporarily withdrawn or revoked. In addition, any licensed liquor dealers, if allowed to people under the age of twenty-one with wine drinking or in its place, regardless of who is buying wine, whether from where to buy, are illegal, violators will be fined $fifty the following, wine dealer business manufacturing may also be temporarily withdrawn or revoked.

There is also a situation, no matter what, please guests came when having a meal with wine had to be very careful. Jim Moshe lawyers said: "to the guests drink does not break the law. However, many of the state's laws and regulations, if the other person over the age of twenty-one, he drank be completely drunken driving after you leave home, and for his sake caused an accident injury to others, then the injured person can be because you are home to the wine and sue you for damages, and. If you are dissatisfied with a wine at the age of twenty-one young people at home, he drove away you home to cause the traffic accident, he may be not drunk, but the injured party can still sue you. I'm afraid American half, has such a law."

* some * state law

America relates to drinking laws are set by the state laws and regulations, so they are not the same. This kind of situation is the political and legal system and America inseparable. Arizona lawyer Lance Davidson said: "USA is a composed by different federal. In order to develop the economy and a strong defence forces, the States together make the federal constitution. This form of government is called the federal republic. Republic of democracy is embodied in the American, federal reflects America is composed of different states. Although in many aspects, states have maintained their independence, but USA Constitution requires that they would still as part of a federal, give up a part of his power."

State University of New York at Potsdam sociology professor emeritus, David Hansen said: "some of the city has the so-called 'open container law', the provisions of the law, in the street, park or other public places, hold to open the cover sub bottle or glass is illegal. In some states, and also on the public facilities to provide wine or hotel liquor time limits. In the past, most states also prohibit the sale of alcohol, on Sunday but, these laws because it is believed to be contrary to constitution and eventually cancelled."

Lance Davidson lawyers said, there are many states have enacted some unusual drinking method. He said: "the Nevada banned a buy wine for more than three people in one day. In the state of Wyoming, women in bars five feet stood drinking alcohol is illegal. In Colorado, people have to wait twenty-one years before they can legally drink, but the person over the age of eighteen, you can have guns. American States says, people under the age of eighteen can vote, can also be a soldier die for one's country. However, is not to drink, because the twenty-one year old is too young."

So, for those foreigners who do not understand USA culture and law, we should look at how to USA drinking laws? Mark Soni lawyers said: "the basic point is America drinking laws, state laws are very different, the law itself is very complex. Most of the time, it is hard to understand what is the law intended purpose, because a lot of law can be traced back to the twentieth Century 30's. In American to tourists, to understand the above three points is very important."

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