Alcohol Laws

Question 1

When are police offciers allowed to make an in presence warrantless arrest for alcohol violations?

Answer 1

Whe it is detemined that a person is illegally Selling, Exposing for sale, Exporting, Keeping for sale,Manufacturing, Importing,Storing, or Transporting alcohol.
CH138-Sec56

NOTE: a good way to remember this is SEEK MIST

Question 2

Valid forms of acceptable identification in reference to alcohol consumption include:

Answer 2

1) A Massachusett Liquor Identification card
2) A Massachusetts Identification Card
3) A massachusetts Driver’s License
4) A valis Passpot issued by the US Government or a foreign government recognized by the US
5) A vaild US Military Identification card

CH138-Sec34b

Question 3

How old does a person have to be to legally transport/carry alcohol?

Answer 3

21 years of age

EXCEPTION: this law does allow for persons under 21 to transport.carry alcohol if accompanied by their parent or legal guardian or if the person is between 18 and 21 and is transporting alcohol during the course of his/her employment.

Ch138-Sec34C

Question 4

How much alcohol can a person legally transport without a permit?

Answer 4

20 Gallons of malt beverages
3 Gallons of any other alcoholic beverage
1 Galon of alcohol

NOTE: the transported alcohol must be:”or his use and that of his family an guests”

EXCEPTION: “Any person may, without any license or permit, transport from his place of residence to a new residence…alocoholic beverages manufactured by him for his own private use”.

Question 5

In reference to Protective Custody, “incapacitated” is defined as…..

Answer 5

1) Unconscious
2) in need of medical attention
3) is likely to suffer or cause physical harm or damage to property
4) disorderly

CH: 111B

Question 6

A police officer may take an individual placed into protective custody to the following places…

Answer 6

1) Residence
2) “A Facility”
3) Police Station

CH111B Sec8

Question 7

In terms protective custody, a presumption of intoxication is detemined by a breathalyzer reading of……

Answer 7

.10

Ch111B Sec8

Question 8

When should a person in protective custody be notified of their right to a telephone call?

Answer 8

Immediately after such presumption

(presumption occurs when PC blows .10% or higher, if BAC is greater than.05% but less than .10% a tect of coordination or speech coherency must be administered to determine if said person is intoxicated)

CH111B Sec 8

Question 9

How many hours can a person in protective custody be held at a police station?

Answer 9

No longer that 12 HOURS or until the person is no longer incapacitated, WHICH HEVER IS SHORTER

Ch111B Sec 8

Question 10

What is the BAC level where a PC must be released?

Answer 10

“presumed not to be intoxicated if evidence from said test indicates that the percentage of alcohol in his blood is five one hundreths (.05%) or LESS and shall be released from custody forthwith”

CH111B Sec 8

Question 11

What is the PC’s right to a breathalyzer?

Answer 11

“Any person assisted by a police officer to a police station shallhave the right and BE INFORMED IN WRITING of said right, to request and be administered a breathalyzer test”

CH111B Sec8

Question 12

A person under 21 years of age who attempts to procure alcohol by misrepresenting his age or inducing another to obtain alcohol etc. may lose his lisence or right to operate for how many days?

Answer 12

180 Days

Question 13

What is the definition of “Facility” under the Protective Custody Laws?

Answer 13

Any public or private place, or portion therof, providing services especially designed for the detoxification of intoxicated persons or alcoholics.

CH 111B Sec 3