Underage alcohol possession, consumption no longer criminal in Dewey

Minors charged with consumption and possession of alcohol now face civil penalties rather than criminal charges in Dewey Beach after a unanimous town council vote May 14.

Dewey Beach Police Chief Sam Mackert said the state changed penalties for underage consumption and possession from criminal to civil violations, and that the town ordinance should match the state’s.

“The judge had talked to me in Court 36 about the number of violations we handle and thought it would be a good idea so that these folks when they go to apply for jobs wouldn't have a criminal record,” Mackert said. “I think it’s an excellent idea.” 

Dewey Beach Police Department attorney John Brady said the state changed its law a couple years ago, but town officers continued using the town ordinance that stated the act was a criminal misdemeanor. Changing the law to a civil violation would also allow the town to receive revenue, he said.

Mayor Dale Cooke said the change in law was not a point of money, except for the fact that people charged with criminal violations go to state court and any fines would be paid to the state.

“Our idea was that we would not charge them and let them have a negative spot on their permanent transcript,” Cooke said. “We understand people do foolish things in their lives and don’t want it to follow through their lives if they change.”