Criminal Liability & California Law
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Criminal Liability & California Law Stanford is responsible for the enforcement of state and local laws. Therefore, anyone who violates the law may be arrested and prosecuted. Primary responsibility for law enforcement, including alcohol, rests with our campus law enforcement agency, the Stanford Public Safety Department. Uniformed officers are often selected because of their interest in working with students. They patrol the campus and respond to calls. They are deputized by the Sheriff of Santa Clara County and are fully empowered and authorized to stop vehicles, make arrests, and enforce all laws. Stanford’s Public Safety Department and the University work closely together to educate and protect the safety of our community. Laws are subject to change; consequently, the following information is illustrative but must not be relied on as a complete and current citing of relevant laws. More information is available at the Stanford Department of Public Safety, 711 Serra Street. The most common alcohol citations at Stanford DRUNK IN PUBLIC (DIP) To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others (Cal. Penal Code 647(f)). MINOR IN POSSESSION (MIP) For persons under 21 to have any container of alcohol in any public place or any place open to the public (Business and Professions Code 25662); So, let’s say Susie, a frosh, is at a party and she’s drinking out of a red cup. A Public Safety officer enters the party. She’s cool– it’s her first and only beer. She doesn’t appear to be under the influence and clearly can take care of herself. So far, so good. Her friend, Zach, is also drinking beer out of a red cup, sees the officer, startles because he’s afraid he’ll get in trouble, and runs outside. The officer gets concerned about Zach’s bolting act, so he follows him outside. Uh, oh – MIP citation likely. Now, let’s say their housemate Jessie, is weaving and wobbling around outside to get some much needed air. The Officer notices her because she’s obviously staggering around. It’s questionable that she can take care of her own safety. Uh, oh- DIP, and maybe MIP, citation is likely. Because she may not be able to care for her own safety, she could be taken to the “drunk tank” in Santa Clara County jail to sober up. In that case, her residence staff will be notified. A court date might be set to address her MIP/DIP. Here are some other laws related to alcohol for which Stanford students have been cited and arrested: For everyone: - To provide any alcoholic beverage to a person under 21 or to any obviously intoxicated person - To be under the influence of alcohol in a public place and unable to exercise care for one’s own safety or that of others - To operate a motor vehicle while under the influence of alcohol or other intoxicants or with a blood alcohol level of .08% or higher - To have an open container of alcohol in a motor vehicle For minors (Under 21 in California): - For any person under the age of 21 to operate a motor vehicle with a blood alcohol level of .05% or higher - To have an open container of alcohol in a motor vehicle and for persons under 21 to drive a vehicle carrying alcohol or to possess alcohol while in a motor vehicle - For persons under 21 to have any container of alcohol in any public place or any place open to the public - For any person under age 21 to purchase alcohol - To have in one’s possession or to use false evidence of age and identity to purchase alcohol For more info, please refer to the California Penal Code. http://www.leginfo. ca.gov/calaw.html _____________________________________________________ Possession and poured out my drink. I had to go to court and pay a fine. If I could tell students one thing- it’s yes, you can be arrested and cited for alcohol violations on campus!” SJ, Junior _____________________________________________________ DRUNK DRIVING No one can deny that drunk driving is a serious problem. In addition to legal consequences for drinking and driving, the real impact is to our Stanford community, friends and peers. Drunk driving breaks our community’s trust. A DRUNK DRIVING ARREST ON-CAMPUS IS AN AUTOMATIC FUNDAMENTAL STANDARD VIOLATION. The Law considers intoxication to be a Blood Alcohol Concentration (BAC) of .08% or more for those 21 years of age and older; for minors (under 21), the BAC limit is even lower: 0.01%. A first D riving U nder the I nfluence (DUI) carries a variety of unpleasant consequences:
There are plenty of alternatives to drinking and driving.
Even when no clear alternative presents itself, the risks to life and limb, to yourself and others by drinking and driving are so staggering that it’s more than worth it to simply stay put and sober up or walk home with someone. Our responsibility as Stanford students is formalized in the Fundamental Standard, and an incidence of drunk driving may be brought to a Judicial Panel that will likely assess penalties such as suspension, community service, and loss of driving privileges on campus ALCOHOL & HAZING Hazing is prohibited by state law and University policy. There are different levels of hazing, often involving alcohol. When we use the word “hazing” we usually think of the worst kinds: Being forced to drink absurd amounts of alcohol, wear humiliating clothes, or submit to physical assault. More subtle cases, however, can take the form of social or peer pressure to drink, or to drink more than you feel comfortable with; it could involve mockery or coercion. Either way, you alone have the right to set your own policy- whether or not to drink, or stop at your comfortable limit. If others try to make the decision for you, they violate law and policy, as well as breach respect for you r individual rights. Violations may result in administrative actions against individuals and/or against student organizations.
© Stanford University Alcohol Advisory Board, 2008 |
