The Legal Drinking Age in Minnesota Explained
How Old Do You Have to Be to Drink in Minnesota?
The legal drinking age in Minnesota is 21 years of age. This is a result of Minnesota adopting the National Minimum Drinking Age Act of 1984. The law set a standard legal drinking age of 21 years or older for the purchase or possession of beverage alcohol for use off the premises, which stipulated that states would lose 10 percent of their federal highway funds if they did not comply. All U.S. states adopted the law, and it was amended in 1998 to include beverages distributed in containers of less than 50 milliliters, effectively raising the minimum drinking age for all beverages, and went into effect in 2006.
Before the change to 21 years of age, the National Minimum Drinking Age Act had a complete prohibition on beverage alcohol use by those under age 21, which went into effect in 1980, but it had a small exception—those under age 21 could purchase and consume for religious purposes, as long as it was not for resale. In addition, 17 states had exemptions for 18- to 21-year olds for certain categories of beverage alcohol use .
There were a few more exceptions at the time the National Minimum Drinking Age Act of 1984 was enacted. At the time, 20 states allowed minors to be served alcohol in restaurants where a meal was served. 17 states allowed consumption by those under age 21 under a religious pretext. 14 states allowed underage use in the home, to family members. 13 states allowed it for employees. And 12 states allowed it as part of a work-related training function.
In 1984, holdouts on the minimum drinking age law included Wisconsin. The famous Wisconsin tavern association lobbied successfully to allow 18- to 20-year-olds to engage in responsible drinking in the presence of a parent or legal age guardian at taverns, dueling a statewide bar ban law that had been in place since 1875. The state’s legislature codified the minimum drinking age law in 1986.
In 2006, the federal government required all states to conform to the 1984 National Minimum Drinking Age Act under penalty of losing 10 percent of federal highway funds.
Why Can’t I Drink Until I’m 21?
The rationale for setting the legal drinking age at 21 has been driven by a variety of factors, both state and federal. In Minnesota, the legal drinking age has been set at 21 since 1986, with exceptions for religious ceremonies, cultural practices, and when accompanied by a spouse who is 21 years or older.
Federal legislation also played a significant role in maintaining the drinking age at 21. While the states had been free to set any age for legal purchasing and consumption of alcohol, the National Minimum Drinking Age Act of 1984 influenced all states to adopt a legal drinking age of 21, or else face a reduction of federal highway funds. This led to the federal minimum drinking age being kept at 21 years.
The increase in the legal drinking age was a response to increasing concerns about drunk driving fatalities. The National Highway Traffic Safety Administration reported that the new legislation had saved over 25,000 lives between 1975 and 1986. It was in a large part due to anti-drunk driving campaigns and prevention that the legal drinking age was increased.
To address these concerns, the National Minimum Drinking Age Act of 1984 was passed. Under this Act, states were forbidden from selling alcohol to people under the age of 21. The Act’s goal was to decrease drunk driving fatalities and alcohol-related health issues.
However, despite the law, underage drinking remains a serious issue. There were nearly 4,400 underage drinking fatalities in 2019. Alcohol is the leading cause of death among teens, accounting for 21% of all deaths in this age group.
Consequences of Underage Drinking
Penalties For Underage Drinking In Minnesota
The state of Minnesota is no push-over when it comes to alcohol-related offenses. It’s even harsher when the person caught in possession of prohibited alcoholic beverages is under age. A minor facing drinking charges in Minnesota needs a skilled and effective attorney to handle an underage drinking case.
Fines for possession of liquor. The Minnesota statute outlining penalties for minors charged with underage drinking is the same statute that applies to people of any age who are caught drinking and driving while intoxicated – 2.082.
According to this statute, a person who is arrested for underage drinking in Minnesota will be fined a minimum of $200 and a maximum of $2000 – even if this individual had no intention of driving while intoxicated, if he or she was caught with prohibited alcoholic beverages, the financial penalties are severe.
But monetary fines are not the only consequence for possessing illegal liquor. Community service is also required – at least 40 hours must be completed within 30 days, or times is doubled. Depending on the judge, a minor could even be sentenced to jail time for committing such an offense. And then there are the legal costs associated with a court appearance – these can easily run into the thousands in legal fees, not to mention court costs, which can reach as much as about $600, depending on the charges and the amount of court appearances (that isn’t including attorney fees). Another problem – a juvenile’s parent or guardian will also be responsible for the cost of care – usually a daily rate of approximately $50 per day.
Penalties for drinking while driving. According to Minnesota law, a person under the age of 21 will be charged with underage drinking crimes even if he or she is not driving under the influence. Essentially, if you are underage and have been drinking, the penalties for getting caught are as severe as those under current DWI laws for adults.
In other words, anyone under the legal drinking age of 21, who has violated Minnesota drinking laws by consuming alcoholic beverages in any form will feel the full weight of the law. Penalties for drinking while driving provided by state statute 169.121, subd. 4a, impose criminal penalties for those under 21 involving misdemeanor criminal penalties. Essentially, though, what this means is that until these individuals reach age 21, they can expect to be penalized more severely for alcohol-related penalties than anyone else, whether or not they have committed any crimes while under the influence.
Underage Drinking and Youth
In Minnesota, the law is fairly clear that parents and guardians have a substantial responsibility when it comes to allowing their children to consume alcohol. While a basic premise is that the legal drinking age in Minnesota is 21, there are some exceptions. Minnesota Stat §340A.503 Subd. 1 specifically allows those under the age of 21 to drink given some conditions. For instance, for a person under 21 to consume alcoholic beverages in a private home, the parent or guardian of the minor must be present and give permission for the minor to consume the alcohol.
The law is stricter if the person under 21 is not an immediate family member. In fact, the law is very clear and strict for the possession or consumption of alcohol by any person under the age of 21. In these cases, a person who provides alcohol to minors is guilty of a criminal offense. Under Minnesota Stat §340A.503 Subd. 2, a person is guilty of a gross misdemeanor if who furnishes alcohol beverages to a person under the age of 18. This includes:
- (1) permitting the person under 18 to drink alcoholic beverages in the person’s place of business or on premises they control;
- (2) selling or furnishing an alcoholic beverage to a person the person knows or has reason to know is under the age of 18; or
- (3) arranging for or permitting a person under the age of 18 to acquire or consume an alcoholic beverage .
Like in other states, a minor giving alcohol to another minor in Minnesota is also a criminal offense. Under Minnesota Stat §340A.503 Subd. 1, a person under the age of 21 is guilty of a crime if the person supplies, gives, or otherwise furnishes an alcoholic beverage as follows:
(1) to a person under the age of 18, except as provided in subdivision 1a; or
(2) to a person under the age of 21 knowing or having reason to know that the person is under the age of 21.
When it comes to parents and legal guardians, they have the legal authority to allow their children under the age of 18 to consume alcohol at home. Outside the home, it is generally illegal for parents to allow their children under the age of 21 to consume alcohol. That said, the law is that it is a gross misdemeanor in Minnesota for a parent or guardian to give alcohol to a child under the age of 18. Any parent or legal guardian that gives alcohol to a child under the age of 21 knowing or having reason to know that the child is under the age of 21 may be subject to a criminal action under this law.
Who is Responsible for Underage Drinking?
The legal drinking age in Minnesota is 21 years old. Both federal regulations and state law prohibit the sale of alcohol to anyone under that age. The drinking age laws are designed to protect underaged youths from early exposure to alcohol. Experts have investigated the impact of these laws on young people, and there are a number of points to consider.
How does this law impact young people? The thinking behind the law is that by restricting alcohol sales, young people will be less likely to develop an addiction or have poor relationships because they are less often exposed to alcohol. While some teens may resort to other illicit actions to obtain alcohol if they cannot get it legally, most would agree that at least the government is making an effort to protect young people.
Besides the social impact of the law, there is the potential for legal issues to arise if one is caught underage drinking. Those under 21 could be charged with underage drinking, which has ties to other criminal actions such as DUI, other drug charges, gross misdemeanors and even felonies. Penalties for underage drinking in Minnesota include a fine of up to $1,000 and up to 90 days in jail.
In 1984, President Reagan signed the National Minimum Drinking Age Act, which in 1986 went into effect. It required states to implement a drinking age of 21 years after a number of years. The only funds affected by this would be those from federal highways. The amendment actually received strong bipartisan support.
How Do Minnesota Laws on Underage Drinking Measure Up?
Minnesota’s legal drinking age isn’t just important for people in Minnesota. It can also let you see what other states are doing with their legal drinking ages. By comparing Minnesota’s laws to those in neighboring states, you can see whether you’re getting a good deal here or not.
For example, Wisconsin is Minnesota’s neighbor and its drinking age is the same. However, Wisconsin has other alcohol-related laws that are less strict than Minnesota’s. For example, Wisconsin allows self serve alcohol pumps at bars, while Minnesota only allows servers to pour alcohol. This means that restrictions on people purchasing additional drinks might be less critical, because people can just refill their own drink. Other states around the Midwest have similar restrictions on how much alcohol a bar can serve to one person. In North Dakota, the limit is 48 ounces of beer. In Nebraska, the limit is two drinks at a time.
To determine whether our 21-year-old law is doing any good, we can compare its influence in Minnesota to a state that allows sales to people 18 and up. One state that does allow sales of alcohol to people 18 and older is Maryland. In 2011, the Baltimore Sun reported that people under 21 were more likely to drink and drive than those of legal age. According to the National Highway Traffic Safety Administration , in Maryland, there were 36 people between 15 and 20 years old killed in crashes where alcohol was a contributing factor in 2015. In Minnesota, 40 people in that age group died. As you can see, allowing people as young as 18 to legally drink doesn’t guarantee that drinking and driving will somehow stop or go down.
Of course, some states impose more penalties than others. New Hampshire doesn’t have any penalties at all for underage drinking – just an education program. Ohio fines underage drinkers $100. Instead of being punished for the drinking, they are required to attend an orientation program for two hours.
Underage drinkers in Texas face much harsher penalties. Under subsection 106.070(b) of the Texas Alcoholic Beverage Code, the driver’s license provisions apply if the violator has been convicted of or placed under a court-ordered community supervision for a first alcohol-related offense committed when the person was a minor. The DPS shall require the person to wait 180 days from the motion to suspend the driver’s license before it will issue a new one. Then, for the next 180 days, the person must operate the vehicle with a visible tamper-proof sticker showing that they are restricted from drinking.