Drug and Alcohol Abuse Prevention Program

Drug Free Graphic
November 27, 2017

University Students, Faculty, and Staff:

In continuing efforts to maintain a safe and healthy environment for its students, employees, and visitors, Auburn University has adopted and implemented policies and programs that address the illegal and improper use of alcohol and other drugs by members of the university community. The Board of Trustees has adopted a drug-free campus and workplace policy, and the administration has implemented a smoking policy.

The following online information is provided annually to all students and employees of Auburn University in compliance with our policies and the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. More information can be found at the following websites:


Please read this information carefully and assist the university in achieving a drug-free campus and environment.

Federal Drug-Free Workplace Act Requirements

Any employee receiving a criminal drug statute conviction for a violation occurring in the workplace shall notify the provost, or the chief Student Affairs officer of such conviction no later than (5) days after such conviction, and such offices will immediately report this information to the Vice President for Research. If the employee reporting such a conviction is employed under a contract or grant, Auburn University, through the Office of the Vice President for Research, will notify the appropriate granting or contracting agencies within ten (10) days after receiving such notice of a criminal drug statute conviction. The same procedure will be followed at Auburn Montgomery, with reporting to counterpart offices on the Montgomery campus.

Implementation of the University's Drug and Alcohol Prevention Program (DAAPP)

The president has appointed an advisory committee for a drug-free campus and workplace to:

  1. Establish procedures and develop informational materials to annually distribute to students and employees.
  2. Provide recommendations to promote and further develop the university’s drug and alcohol prevention program.
  3. Evaluate the university’s drug and alcohol prevention program biennially to determine its effectiveness and ensure that disciplinary sanctions are consistently enforced.

Alcohol and Drug Education, Prevention, and Intervention

Employee Assistance Program (EAP): Auburn University’s EAP provides information and referral to employees about a variety of topics, including alcohol and drugs.

  • Location: Human Resources Complex 1550 E. Glenn Ave
  • Phone: 844-4145
  • Services: (A)

Auburn University Medical Clinic (AUMC): AUMC provides students and employees medical evaluation for alcohol and other drug concerns, treatment and/or referral for intensive inpatient or outpatient services when indicated.

  • Location: 400 Lem Morrison Drive
  • Phone: 844-4416
  • Services: (A, B, C)

Student Counseling Services (SCS)SCS Provides assessment, education and first-level intervention (individual & group counseling) for students with alcohol and other drug concerns.  Referrals are provided for intensive inpatient or outpatient services when indicated.  Educational information on alcohol and other drugs is available through SCS.  Staff is available to provide campus-wide educational programs upon request.  Additional educational resources/links and online alcohol screening are available at www.auburn.edu/scs.

Click on the “Mental Health Screening” icon on the home page and then type in keyword “Auburn.” www.auburn.edu/scs

  • Location: 400 Lem Morrison Drive, Suite 2086
  • Phone: 844-5123
  • Services: (A, B, C)

Health Behavior Assessment Center (HBAC): The Health Behavior Assessment Center (HBAC) uses the Brief Alcohol Screening and Intervention for College Students (BASICS) curriculum, which includes an alcohol use evaluation along with detailed personal drinking feedback and advice.  The primary goal of BASICS is to provide objective lifestyle feedback and to encourage positive changes in drinking behavior.


Auburn University Pharmaceutical Care Center (AUPCC): The AUPCC is located on the second floor of the Harrison School of Pharmacy (HSOP) which is located in the Walker Building on campus.  The AUPCC offers the “Pack It Up” tobacco cessation program for employees and students who wish to stop smoking or stop using smokeless tobacco products.  This individualized service is provided by pharmacy faculty, post-doctoral pharmacy residents, and senior pharmacy students.  Pharmacists meet with each patient one-on-one to evaluate readiness to quit using tobacco and assess whether a medication (such as nicotine replacement therapy, bupropion, varenicline, etc.) might be beneficial.  If a prescription product is appropriate, the pharmacist coordinates this care by working with the patient’s physician.  Exhaled carbon monoxide levels are monitored to provide feedback for smokers during the quit attempt.  Pharmacists provide continued monitoring, assistance, and support.

  • Location: 2155 Walker Building (Employees and dependents can also be seen in the AUPCC sites located in Montgomery (AUM), Birmingham, Tuscaloosa, and Huntsville.)
  • Phone: 844-4099
  • Email: aupcc4u@auburn.edu
  • Services: (A, B, C)

East Alabama Mental Health-Mental Retardation Center:

Intensive outpatient treatment for substance abuse problems is available through: Opelika Addictions Center and Russell County Addiction Center.

  • Location: 2300 Center Hills Drive, Building 1, Opelika, AL 36801
  • Phone: 772-2877 or 1-800-815-0630
  • Services: (A, B, C)

Private Alcohol and Drug Treatment Programs:  A number of private programs are operated in proximity to Auburn University, throughout Alabama, and in neighboring states.  Those programs are too numerous to list,

  • Services: (A, B, C)

Auburn University Health Promotion and Wellness Services (HPWS): Our office is responsible for developing and implementing alcohol and drug prevention programs, such as the Tiger Education Screening Intervention (TESI) and the Auburn University Recovery Community.  TESI is an individual educational intervention program for Auburn University students who have experienced negative consequences or other problems related to alcohol use.  TESI is designed to help students make better alcohol-use decisions and to reduce their risks for alcohol-related harm.  The Auburn University Recovery Community provides a supportive environment in which students recovering from addictive disorders can successfully pursue academic, personal, and professional goals to become productive members of society.

Additionally, the office offers the Substance Use Treatment Team. The Substance Use Treatment Team is a comprehensive program to address a student’s substance use. This program is appropriate for students who are experiencing significant negative consequences related to their use. SUTT is a minimum of 8 weeks and includes weekly meetings with a case manager, therapist, group meetings, and random drug testing. All sessions are confidential. The only cost associated with SUTT will be for drug testing ($41 per drug test)

  • Location: Suite 1206 Student Center
  • Phone: 844-1528
  • Email: hpws@auburn.edu
  • Services: (A, B, C)

Further Information

Inquiries concerning matters described in this brochure should be directed to: Eric Smith, Director Health Promotion and Wellness Services, Division of Student Affairs, Auburn University ecs0012@auburn.edu • 334-844-1528 • Follow us @auburnhealth

Standards of Conduct

The unlawful manufacture, distribution, dispensation, possession or use of illicit drugs or alcohol by students and employees of Auburn University is prohibited at any time on any university property or as part of any university activity. Any employee who is impaired by an illegal drug or by alcohol will be refused access to the workplace and will not be allowed to perform any duties or represent the university in any capacity. Any student who is impaired by illegal drugs or alcohol will not be allowed to attend any classes or university activities.

Disciplinary Sanctions

The university will impose sanctions (consistent with local, state, and federal law) upon all employees and students who violate these standards of conduct. Such sanctions may include, but are not limited to:

  1. referral for prosecution;
  2. probation, suspension, or expulsion of students;
  3. suspension or termination of employees.

University policies informing potential disciplinary sanctions include the following: 

Athletic Event Policy
https://sites.auburn.edu/admin/universitypolicies/Policies/AthleticEventAlcoholPolicy.pdf

Campus Alcohol Policy
https://sites.auburn.edu/admin/universitypolicies/Policies/CampusAlcoholPolicy.pdf 

Code of Student Conduct
https://sites.auburn.edu/admin/universitypolicies/Policies/CodeofStudentConduct.pdf 

Drug and Alcohol Testing Program Policy
https://sites.auburn.edu/admin/universitypolicies/Policies/DrugandAlcoholTestingProgramPolicy.pdf

Guide to Residential Living
http://www.auburn.edu/administration/housing/resources/pdf/2015-2016GuideToResidentialLiving.pdf

Policy on Parent Notification of Alcohol and Drug Incidents
https://sites.auburn.edu/admin/universitypolicies/Policies/PolicyonParentNotificationofAlcoholandDrugIncidents.pdf

Social Regulations Policy
https://sites.auburn.edu/admin/universitypolicies/Policies/SocialRegulationsPolicy.pdf

Types of Drugs

Depressants (of the central nervous system)

  1. Opioid derivatives/narcotics (heroin, morphine, codeine, hydrocodone [Lortab or Vicodin combinations], oxycodone [Oxycotin], methadone and opium). Lowers the perception of pain and can cause lethargy, apathy, loss of judgment, and self-control. Physical and psychological tolerance and dependence develop. Overdoses cause trouble breathing, convulsions, coma, and death. Additional risks of use include malnutrition, hepatitis, and AIDS (with the injectable opioids).
  2. Sedative/Hypnotics
    1. Alcohol is a powerful depressant. Alcohol use decreases alertness and inhibitions. Accidents and/or risky behaviors can occur with possible negative consequences to health such as disease transmission. Long-term, heavy drinking is linked to cancer, stomach problems, heart and liver damage, birth defects and psychological disorders. Tolerance, physical, and psychological dependence develop. Danger increases when mixed with other drugs, particularly other depressants
    2. Benzodiazepines, e.g. alprazolam (Xanax), diazepam (Valium), and lorazepam (Ativan) are tranquilizers or antianxiety agents that are also depressants and can cloud judgment/reactions. They are especially dangerous when mixed with other depressants such as alcohol.
      Rohypnol (flunitrazepam) is also a benzodiazepine and is a potent tranquilizer; it goes by several names, most commonly “roofies.” Used with other drugs such as alcohol, the effects of Rohypnol intensify. This drug is known as the perfect “date rape drug.” It can be slipped into beverages without detection (no change in taste or appearance). Within 30 minutes victims appear extremely intoxicated, are unable to resist unwanted advances, and afterwards, are unable to identify perpetrators since Rohypnol produces amnesia. With repeated use, physical and psychological dependence may develop. Respiratory failure and death may occur if used in combination with other drugs.
    3. Barbiturates (downers), tranquilizers, and methaqualone (commonly called Qualudes) may cause confusion and loss of coordination. Tolerance, physical, and psychological dependence develop. Overdoses cause coma and death. Depressants taken in combination with alcohol are especially dangerous due to their combined effects.
  3. Inhalants (aerosol products, lighter fluid, paint thinner, amyl nitrite, glues, and other volatile solvents) can cause loss of coordination, loss of bowel and bladder control, confusion, and hallucinations. Overdoses cause convulsions, cardiac arrest, and death. Psychological dependence develops. Permanent damage to lungs, brain, liver, and immune system may occur.

Stimulants

    1. Amphetamines (uppers, speed), dextroamphetamine, methamphetamines (ice, crystal), methylphenidate (Ritalin) and amphetamine salts (Adderall) cause increased alertness, trouble sleeping, decreased appetite, and weight loss and can cause euphoria and hallucinations during acute toxicities. Tolerance, psychological and physical dependence develop. Continued high doses cause heart problems, high blood pressure, malnutrition, and death.
    2. Cocaine or crack cocaine causes confusion, depression, and hallucinations. Tolerance and physical dependence develop. Effects are unpredictable; convulsions, coma, cardiac arrest, and death are possible. Nasal membranes may be destroyed when snorted. Smoking causes lesions in the lungs. Brain damage may occur.
    3. Caffeine in larger doses (>250 mg) results in caffeinism (agitation, anxiety, headache, insomnia, tremors). Larger doses, or if mixed with other stimulants, may result in delirium, high blood pressure, heart rhythm disturbances, convulsions and respiratory arrest.

Hallucinogens (psychedelics)

    1. Lysergic Acid Diethylamide (LSD) causes hallucinations and panic. Effects may recur (“flashbacks”) even after use is discontinued. Tolerance and psychological dependence develop. Severe effects may occur in mother or baby if taken during pregnancy.
    2. Phencyclidine (PCP) causes depression, hallucinations, confusion, and irrational behavior. Tolerance develops. Overdoses may cause convulsions, coma, or death.
    3. Mescaline (peyote), mushrooms (psilocybin), Ecstasy and other “designer” hallucinogens cause anxiety, depression, paranoia, illusions, and hallucinations. Impaired perceptions may occur. Irreversible brain damage may occur.
    4. Cannabis (marijuana) alters mood and perception. Use may cause confusion and loss of coordination. Longterm use leads to tolerance and psychological dependence. Users frequently begin using other drugs. Long-term use causes damage to lung tissue and other illnesses. Marijuana contains higher levels of carcinogens than tobacco.

Other

    1. Gamma Hydroxy Butrate (GHB) is a synthetic “date rape drug” that is a colorless and odorless central nervous system depressant. It is commonly called “G” and is associated with other “club drugs.” Originally introduced as a treatment for narcolepsy, it is now an illegally manufactured drug. Gamma Butyrolactone (GBL) is a chemical found in GHB and associated with GHB. GHB is found in liquid form and is used the same way as is Rohypnol, on an unsuspecting victim. The effects of GHB can be felt as quickly as fifteen minutes after being introduced into the body. It has no taste when mixed in a drink or water, but there may be a salty aftertaste. Memory loss is associated with GHB as is nausea, unconsciousness, breathing difficulty, seizures, and possibly coma.
    2. Ketamine Hydrochloride (Ketamine) is another “date rape drug,” or “club drug” used legitimately for general anesthesia of humans and animals. It is more commonly known as “Special K.” It is found in liquid form but can be processed and then introduced into the body orally or by inhalation. The effects of ketamine include nausea, slurred speech, agitation, elevated blood pressure, breathing problems, and hallucinations or out-of-body experiences.
    3. Methylenedioxy-Methylaphetmain (MDMA), or Ecstasy is commonly known as XTC. It is a synthetic stimulant and is being recognized as a “date rape drug” by many law enforcement entities. It is usually found in tablet form with a variety of different imprints ranging from the design of a butterfly to the word: SEX. Ecstasy can be deadly when mixed with alcohol. Other effects include anxiety, inability to sleep, chills, increased heart rate and blood pressure, rapid eye movement, and confusion
    4. Synthetic Marijuana (Spice or K2) may be sold in legal retail outlets as herbal incense and can be labeled not for human consumption to mask their intended purpose and avoid FDA oversight. These products consist of plant material that has been laced with substances that claim to mimic THC, the primary psychoactive ingredient in marijuana, and are often marketed as a “legal” high. Please note these substances are currently illegal in Alabama.

Tobacco

Tobacco use in the form of cigarette smoking is linked to emphysema, lung cancer, heart disease, and other illnesses. Physical and psychological dependence may develop. Smokeless tobacco use leads to cancer of the head and neck areas. Passive smoking may increase upper respiratory illnesses.

Auburn University is a smoke-free campus. This will provide a healthier and cleaner community. Members of the Auburn Family interested in quitting can contact the Auburn University Harrison School of Pharmacy, the Auburn Medical Clinic, or the Office of Health Promotion and Wellness Services for more information about cessation programs and services.

Anabolic Steroids

Anabolic Steroids may produce behavioral effects including aggressiveness, irritability, impaired judgment, impulsiveness, mania, and paranoid delusions. Sexual functioning is frequently impaired. Serious health problems include cancer and liver and heart disease.

Federal Trafficking Penalties for Schedules I, II, III, IV and V (Except Marijuana)

Substance/Quantity Schedule Penalty
Cocaine
500-4999 grams mixture
II First Offense:
Not less that 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less that 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense:
Not less that 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine if not more than $8 million if an individual, $50 million if not an individual.
Cocaine Base
28 - 279 grams mixture
II
Fentanyl
40 - 399 grams mixture
IV
Fentanyl Analogue
10 - 99 grams mixture
I
Heroin
100 - 999 grams mixture
I
LSD
1 - 9 grams mixture
I
Methamphetamine
5 - 49 grams pure or
50 - 499 grams mixture
II
PCP
10 - 99 grams pure or
100 - 9999 grams mixture
II
Substance/Quantity Schedule Penalty
Cocaine
5 kilograms or more mixture
II First Offense:
Not less that 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Second Offense:
Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses:
Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Cocaine Base
280 grams or more mixture
II
Fentanyl
400 grams or more mixture
IV
Fentanyl Analogue
100 grams or more mixture
I
Heroin
1 kilogram or more mixture
I
LSD
10 grams or more mixture
I
Methamphetamine
50 grams or more pure or
500 grams or more mixture
II
PCP
100 grams or more pure or
1 kilogram or more mixture
II
Substance/Quantity Penalty
Any Amount of Other Schedule I & II Substances First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life and/or fine not to exceed $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious injury, life imprisonment and/or fine not more than $2 million if an individual, $10 million if not an individual.
Any Drug Product Containing Gamma Hydroxybutyric Acid
Flunitrazepam (Schedule IV) 1 Gram
Any Amount of Other Schedule III Substances First Offense: Not more than 10 yrs. If death or serious bodily injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual.
Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1million if an individual, $10 million if not an individual.
Any Amount of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual.
Any Amount of All Other Schedule V Drugs First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 4 yrs. Fine not more than $200,000 if not an individual, $500,000 if not an individual.
Marijuana
1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs, or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.
Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million of other than an individual.
Marijuana
100 - 999 kilograms marijuana mixture or 100 - 999 marijuana plants
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if the other than an individual.
Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual.
Marijuana
50 - 99 kilograms marijuana mixture, 50 - 99 marijuana plants
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual..
Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual.
Hashish
More than 10 kilograms
Hashish Oil
More than 1 kilogram
Marijuana
Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 - 49 marijuana plants
First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual.
Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual.
Hashish
10 kilograms or less
Hashish Oil
1 kilogram or less

State of Alabama Controlled Substances/Marijuana Violations and Penalties

CONTROLLED SUBSTANCES
Violation Penalties AL Code §
Trafficking: Knowingly sells, manufactures, delivers or brings into state cannabis (in any of its forms), cocaine, heroin, morphine, opium, methaqualone, hydromorphine, methylenedioxy amphetamine, phencylidine, lysergic acid diethylamide, methamphetamine, or LSD Class A Felony Imprisonment & fines depending on amounts
Prison: Ranges from 3 years to mandatory life in prison without parole
Fine: Ranges from $50,000 - $250,000
13A-12-231
Sale of controlled substance by person of 18 to person under 18 Class A Felony Not eligible for suspended sentence or probation
Prison: 10 - 99 years or life
Fine: Not more than $60,000
13A-12-215
Sale of controlled substance that is on the campus or within a 3-mile radius of campus boundaries of any public or private school, college, university or other educational institution or of public housing Class A Felony
Prison: Add 5 years to penalty
13A-12-250
13A-12-270
Engages in a criminal enterprise, in connection with 5 or more persons, to traffic in illegal drugs Class A Felony Not eligible for suspended sentence or probation
Prison: 10 - 99 years of life
Fine: Not more than $60,000
13A-12-233
Manufacturing controlled substance if 2 or more of following conditions are present: possession of firearm, use of booby trip, use of clandestine lab within 500 feet of a residence or school, the presence of someone under 17 years of age during the manufacturing process Class B Felony
Prison: 2 - 20 years
Fine: Not more than $30,000
13A-12-218
Manufacture of a controlled substance Class B Felony
Prison: 2 - 20 years
Fine: Not more than $60,000
13A-12-217
Distribution of controlled substances (furnished, sold, given away, manufactured, delivered, or distributed) Class B Felony
Prison: 2 - 20 years
Fine: Not more than $30,000
13A-12-211
Possession or receipt of controlled substances Class C Felony
Prison: 1 - 10 years
Fine: Not more than $15,000
13A-12-212
Person convicted of attempt, criminal solicitation & criminal conspiracy to commit controlled substance crime Punishable the same as the crime itself 13A-12-202 (c); -203(c); -204(c)
MARIJUANA AND DRUG PARAPHERNALIA
Violation Penalties AL Code §
Possession of marijuana in first degree (other than personal use of previously convicted of possession in second degree) Class C Felony
Prison: 1 - 10 years
Fine: Not more than $15,000
13A-12-213
Possession of marijuana in second degree (for personal use only) Class A Misdemeanor
Jail: Not more than 1 year
Fine: Not more than $6,000
13A-12-214
Use, possession, delivery, or sale of drug paraphernalia Class C Felony for sale to one under 18 by one over 18
Prison: 2 - 20 years
Fine: Not more than $30,000
Class C Felony for sale
Prison: 1 -10 years
Fine: Not more than $15,000
Class C Misdemeanor
Jail: Not more than 3 months
Fine: Not more than $500
13A-12-260

*Imprisonment sentences for felonies: 13A-5-7; fines for felonies 13A-5-11 & for misdemeanors: 13A-5-12. Driver’s license suspended for 6 months for any drug offense conviction (13A-12-290).
Note: A drug conviction under state of federal law may make a student ineligible for federal financial aid (loans, grants, work study). For more information, see https://studentaid.ed.gov/eligibility/criminalconvictions#drug-convictions

State of Alabama & Auburn City Code Alcohol Violations and Penalties

CRIMINAL VIOLATIONS
Violation Penalties Code Section
Minor in Possession/Purchasing:
State: Unlawful for person under 21 year of age to purchase, consume, process, or transport alcohol, liquor or malt or brewed beverages in the State.
City: Unlawful for person under 21 to be in possession or under influence of alcohol.

Jail: Not more than 30 days

Fine: $25 - $100

Misdemeanor.

Jail: Not more than 3 months

Fine: $50 - $500

Mandatory suspension of driver’s license for 90 days to 6 months (including YO or juvenile status)

City

Jail: Not more than 6 months

Fine: Not more than $500

  1. AL Code § 28-1-5
  2. AL Code § 28-3A-25(a) (18) & (b) (2-3)
  3. City Code § 3-44, § 1-8
Contributing to Delinquency of Minor:
State: It it unlawful for any parent, legal guardian, legal custodian, or other person to willfully aid, encourage, or cause any child (under age 19) to become or remain delinquent, which includes furnishing alcoholic beverages or controlled substances to the child.

Class A Misdemeanor

Not more than 30 days

Jail: Not more than 1 year

Fine: $6,000

AL Code § 12-15-111
Aiding Minor in Obtaining Alcohol:
City: It is unlawful for a person, directly or indirectly, to falsely represent that a minor is not a minor or is not of minority age under the state alcoholic beverage licensing code, and, by means of such false representation, to aid or abet, or attempt to aid or abet, such minor person to buy, receive, or otherwise obtain or aid and abet such minor person to attempt to buy, receive, or otherwise obtain, from any license or any other person, any alcohol.

City

Jail: Not more than 6 months

Fine: Not more than $500

City Code § 3-17, 1-8
Public Intoxication:
State: Unlawful to appear in a public place under the influence of alcohol, narcotics, or other drugs to the degree that they endanger themselves, or another person or property.
City: It is unlawful to be or remain in any area of a public park while under the influence of alcohol.

Jail: Not more than 30 days

Fine: $25 - $100

City

Jail: Not more than 6 months

Fine: Not more than $500

  1. AL Code § 13A-11-10
  2. City Code § 18-28 (2), § 1-8
Open Container:
State: Unlawful for person to have in his/her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of public highway.
City: Unlawful to drink or have an open or unconcealed possession in custody for drinking any alcoholic beverage at or in any public place (motor vehicle while on public streets) other than a place licensed to sell alcoholic beverages for consumption on the premises. Also unlawful to possess alcohol for consumption in city park without permission.

Class C Misdemeanor

Fine: No more than $25

City

Jail: Not more than 6 months

Fine: Not more than $500

  1. AL Code § 32-5A-330
  2. City Code § 3-12; § 18-28 (1); § 1-8
False Driver’s License/ID:
State: Person under age of 21 may not knowingly use or attempt to use a false, forged, deceptive or otherwise nongenuine driver’s license to obtain or attempt to obtain alcoholic beverages within this state.
City: It is unlawful for any person under 21 to knowingly present or possess a false instrument of identification which misrepresents the age of that person.

Misdemeanor

Jail: Not more than 3 months

Fine: $50-$500

Mandatory suspension of driver’s license for 90 days to 6 months.

City

Jail: Not more than 6 months

Fine: Not more than $500

  1. 32-5A-330 (a) (21) & (b) (2) & (c)
  2. City Code § 3-16; § 1-8
Failure to Leave Licensed Premise on Request:
City: If owner of license premise (or employee or agent) asks any person to leave, failure or refusal to immediately do so is a misdemeanor.

City

Jail: Not more than 6 months

Fine: Not more than $500

City Code § 3-20; § 1-8
Underage Presence in Licensed Premises:
City: It is unlawful for any person to be in, on, upon the licensed premises of any establishment licensed by the ABC board as a lounge retail liquor licensee, in violation of any state law regulating the age of persons allowed on such premises.

City

Jail: Not more than 6 months

Fine: Not more than $500

City Code § 3-41; § 1-8
Open House Party:
State: No adult having control of any residence, who has authorized an open house party at the residence and is in attendance at the party, shall allow the party to continue if alcoholic beverages or controlled substances are illegally possessed or consumed at the residence by a person under the age of 21 and the adult knows this and fails to take reasonable action to prevent it.

Class B Misdemeanor

Jail: Not more than 6 months

Fine: Not more than $3,000

AL Code § 13A-11-10.1
Driving Under the Influence (DUI):
State: A person shall not drive or be in actual physical control of any vehicle (or boat) while: there is 0.08 percent or more by weight of alcohol is in his/her blood (unless under the age of 21, in which the amount is 0.02 percent), or under the influence of alcohol, or under the influence of any controlled or other substance which impairs his/her ability to drive safely, or under the combined influence of alcohol and a controlled substance to a degree which renders him/her incapable of safely driving, or under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him/her incapable of safely driving.

1st DUI

Jail: Up to 1 year

Fine: $600 - $2,000

Mandatory suspension of license for 90 days.

2nd DUI

Jail: Min. 5 days

Fine:$1,000 - $5,100

Mandatory suspension of license for 1 yr.

3rd DUI

Jail: 60 days - 1 year

Fine:$2,100 - $10,100

Mandatory suspension of driver’s license for 3 yrs.

4th DUI

Prison1yr/1day - 10 yrs

Fine: $4,100 - $10,100

Mandatory revocation of driver’s license for 5 yrs.

City: has same penalties

  1. AL Code § 32-5A-191
  2. City Code § 1-8
State Offenses
Any individual committing an offense (misdemeanor, felony or violation) against the state automatically commits an offense against the city.

Unless otherwise provided:

City:

Jail: Not more than 6 months

Fine: Not more than $500

City Code § 17-1, § 1-8
CIVIL VIOLATIONS
Violation Penalties Code Section
Alabama Civil Damages Act.
Any person may be liable for damages to a parent or guardian of a minor if that person unlawfully sells or furnishes alcohol to the parent/guardian’s minor child and if the person furnishing the alcohol had knowledge of or was chargeable with notice of the fact that the child was under 21.
Civil cause of action - compensatory and punitive monetary damages determined by a jury AL Code § 6-5-70
Alabama Dram Shop Act. Wives, children, parents and others who are injured by a person who received alcohol or controlled substances contrary to Alabama law (underage minor, providing unlawful controlled substance, serving alcohol to visibly intoxicated person, etc.) may be liable for damages against the person who provided the alcohol or controlled substances to the underage minor or caused the individual to become intoxicated or furnished a controlled substance to that person. Civil cause of action - compensatory and punitive monetary damages determined by a jury AL Code § 6-5-71 & 6-5-72
Employees: Employees who violate this policy will be held accountable for their behavior and will be subject to appropriate disciplinary action, consistent with the Faculty Handbook Mediation and Grievance System (to the extent applicable), other applicable University policy and with local, state and federal law. Such action may include mandatory counseling, mandatory participation in an appropriate rehabilitation program, a warning, a reprimand, strict probation, unpaid suspension from employment, termination or employment and/or referral to the proper law enforcement authorities for prosecution.

Evaluation

The University, through its Alcohol and Other Drug Biennial Work Group, conducts a biennial review of its drug abuse prevention program to determine its effectiveness, implement needed changes, and ensure that disciplinary sanctions are enforced consistently. Certain parameters which may be evaluated and reviewed on a biennial basis include:

  1. the number of disciplinary actions issued,
  2. the number of students involved in classes and counseling session,
  3. the number of drug and alcohol arrests by the University Police,
  4. the number of recorded violations of housing regulations for drug and alcohol violations
  5. the amount of vandalism in the residence halls,
  6. the number of incidents of violence (rapes, assaults, etc.), and
  7. the outcomes of treatment, assessed at prescribed follow-up intervals.
Last updated: 11/27/2017