As of Januray 1 of this year laws were established concerning New Hampshire citizens under twenty-one years of age and the internal possession of alcohol. The new “Internal Possession” law makes it illegal for anyone under twenty-one to contain alcohol internally, whereas previous laws referred only to purchase and consumption. Two following laws doubled the fine for age misrepresentation and permits a possible loss of license. The laws are not only applicable to motor vehicle use, but any offense involving minors and alcohol and controlled substances. Individuals who draw attention to themselves, even when walking, are still subject to sanctions declared by the laws. Violators will not be held as criminals by the state, but may be taken into custody if the level of intoxication is deemed a health concern by a police officer. Although the charges are serious, according to Attorney Mark Fischler, breaking these laws is a violation level offense, which is less severe than a misdemeanor. “You cannot go to jail for this offense. This will not go on your criminal record. This is no different than getting a speeding ticket; no different than getting a noise violation,” said Fischler. Fischler joined Campus Police, Chief John E. Clark, Dean of Students Timothy Keefe, Lieutenant Pete Gardner of Plymouth Police Department, and University System of New Hampshire Student Trustee, Amy Franklin, in a panel discussion concerning the laws on Wednesday, February 5. The panel described the consequences of violating the new laws as being sanctioned $250 instantly and possible revocation of driving privileges for sixty days. Violators have the option to retain those privileges by taking an alcoholic awareness course within sixty days of the violation. A course, On Campus Talking About Alcohol (OCTAA), is offered in Plymouth and is currently used by the on-campus judicial system for any alcohol violations. A Blood Alcohol Level as low as .02 is evidence enough to warrant internal possession and subject a person to said sanctions. Fischler points out, however, that nobody is required to take a breathalyzer test. “You don’t have to take the test,” he continues, “all it is is evidence either way to show you were intoxicated. [The police] are going to go to court and present their case either way.” Chief Clark addressed the issue of what will make an officer approach people they consider to be intoxicated. He claims that the behavior of the individual is what will draw an officer’s attention, such as stumbling, yelling, profanity, vandalism, etc. “If you bring attention to yourself as you do now, that’s when we’re going to be there. Number one is your safety.” Some students expressed concern about officers approaching students for no reason, or approaching individuals over the age of twenty-one, but Clark reiterated that officers need probable cause to approach a person and will not needlessly do so in order to make an arrest. “I’m not going to make excuses for our police department that this is going to create more work for us. I’m not going to make excuses for needing more officers or anything like that.” Clark went on to say that officers “do not have to go out and aggressively look for young people who are under the age to arrest. That is not our intent, nor is that our drive.” Audience members addressed the panel with questions regarding loss of driving privileges and how procedures would follow a conviction. As stated earlier, nobody has to lose driving privileges, at least not at the first offense. All guilty parties have the option of taking OCTAA in place of license loss, but the course must be taken within sixty days and has a mandatory fee of $75, but everything is based on the conviction. Keefe reminded students, however, that any student who is convicted of this violation will not only go through state judiciary actions, but also be subject to the sanctions provided by the campus judicial system. All on-campus violations involving alcohol require students to take OCTAA, and Keefe points out that since it is already required, it is not necessary that a student lose his or her license. Repeat offenders may also avoid license loss by attending OCTAA more than once, but each time will still be fined at least $250 and the additional $75 for the course. Individuals who are not New Hampshire residents that choose to give up their privileges will not, in all cases, lose driving privileges in their own state, but will lose the right to operate a vehicle in New Hampshire. Some reciprocity from other states will lead violators to lose driving privileges in their home states as well. “This is a New Hampshire related offense,” said Fischler. “We’re not here talking about Massachusetts, Vermont, New York, New Jersey; it’s only in New Hampshire. So whether you have an out-of-state license or not, if you committed the offense in the state of New Hampshire, you’re going to lose your license here.” A lot of questions were also raised concerning the carrying and searching of backpacks owned by students who may or may not be intoxicated. Members of the panel clarified the issue by restating the fact that students will only be approached if they are drawing attention to themselves. They further explained that no backpack will be searched on any individual unless he or she is taken in to custody for the internal or external possession of alcohol or other controlled substances. A person may only be taken into custody if they display intoxicated behavior or pass a field breathalyzer test, which Campus Police will soon be using, according to Chief Clark. Chief Clark also warned that bative or aggressive behavior, regardless of age, while being confronted is unwise. Officers are not allowed to search backpacks until someone is taken into custody, but Clark mentioned that what starts off as a non-criminal offense could escalate to higher levels. “Don’t allow yourselves to become victims of what I call the Tumble Down theory. When a young person under the age of twenty-one or over get stopped or put in a situation where the police officer has to take action on them for a violation level offense,” he explained. “That’s not a criminal offenseÃbut if [students] sometimes get in a situation where the officer has to take further actions. With other actions possibly come other charges which could be of a misdemeanor level.” He reminded students that resisting arrest and assaulting an officer are both criminal actions. Individuals who disagree with police actions, such as unnecessary searches of backpacks or aggressiveness, have the option of pleading not guilty and addressing the court or informing the officer’s superiors. Failing to appear in court can lead to a criminal action and continues to grow the longer it is ignored. Much concern also revolved around big weekends such as Homecoming and Spring Fling and the presence of officers. Chief Clark and Lieutenant Gardner commented that off-campus incidents where people are drawing attention to themselves will trigger police action, but students documented in the residence halls will only be subject to the campus judicial system, not the penalties of the new laws. “We have a philosophy,” stated Clark, “that we see [the residence halls] as your home. And we do recognize, often times, that due to their role, Residence Directors and CA’s deal with a number of issues in those halls.” Clark admits that he would like to have officers stay out of the residence halls, but, in severe cases, the police are called out of fear or concern and the violation then becomes a police matter. Some speculation still lingers as to the effectiveness and procedures of the new laws, especially from students, but only time will tell as to the results. For now, Keefe reminds students and citizens of the continuing message surrounding these laws. He asks everyone to “simply act with respect, treat yourselves well, treat the community well, and everything will be fine.”
Plymouth State University
Thursday, June 26, 2025