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Friday's Internet Edition, November 21, 2008.
Woman arrested for contributing
Teens intoxicated in home
By Rachael Ackerman
Herald Editor
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It was a trip to jail for two Galt women on Sunday as police discovered a group of intoxicated teens in an Elk Hills Boulevard home.
Galt Police Sergeant Craig Walton said police were called to the residence on the 1100 block of Elk Hills Drive for a loud music call just past 1 a.m. on Sunday. When officers arrived, they discovered two situations that required police intervention.
The first occurred when police arrived at the scene and observed a young lady getting into her car to leave. Walton said, when officers pulled up to the house, the girl turned the vehicle, which had been running, off and remained in the car. When officers approached her, they reported smelling a strong scent of alcohol on her breath.
Officers determined the girl was 18 years old and then performed a field sobriety test, asking the driver to blow into the blood alcohol indicator.
“She blew a .1, which is over the .08 legal limit to drive,” said Walton. “Although she is under the legal drinking age, she was charged with an adult DUI because she was clearly in control of the vehicle and prepared to drive it away when officers arrived.”
The girl was arrested and booked into the Sacramento County Main Jail.
“This incident could wind up costing her as much as $10,000 with the way the court handles DUI cases these days,” said Walton. “And that doesn’t include that she will now have a record, or what it will do to her insurance, or the personal consequences she may suffer as a result of her decision to drive while under the influence.”
The second incident also involved intoxicated young people, only this time officers discovered a trio of teens inside the residence, obviously extremely intoxicated, said Walton.“The issue in this case is that the teens were consuming enough alcohol that it was obvious they were becoming intoxicated,” said Walton. “The issue then becomes, who is the adult in charge of the home who is allowing the excessive consumption?”
In this case, police arrested 38-year-old Tammy Chavarria, the adult resident in charge of the home, but not the parent of the teens, and charged her with contributing to the delinquency of a minor.
“When police had one of the 16-year-olds to blow into the blood alcohol indicator, he blew a .15, almost double the legal limit to drive,” said Walton. “The others were also visibly intoxicated as well.”
Walton explained that, while Chavarria may not have been drinking with the teens, she was certainly allowing them to drink excessively in her home, a criminal offense many people do not believe will cause them to be arrested.
“You can contribute to the delinquency of a minor in three ways,” said Walton. “You can give them alcohol or drugs. You can leave alcohol and drugs where teens can have access to it, and they know it and you know it, or you can allow the consumption of drugs or alcohol in your home that someone else has provided. In any case, as the adult, you will be held responsible. In this case, the adult resident in the home was allowing the teens to drink alcohol with full knowledge of what they were doing.”
On top of a contributing charge, Walton said Chavarria added to her legal woes by committing battery on a police officer when they attempted to arrest her.
“She decided she wanted to fight with police officers and, as a result, she and one of our officers fell against a wall,” said Walton.
The teens were transported to their homes and released into the custody of their parents.
Chavarria was arrested without further incident and booked into the Sacramento County Main Jail. If convicted, she faces a maximum sentence of up to a $5,000 fine and/or one year in the county jail.
“You just can’t turn a blind eye to teen partying in your house,” Walton said. “Just because you are not handing them the alcohol or drugs, by allowing it to take place in your home, you are committing a crime. You are contributing to the delinquency of those minors, and you will go to jail if you are caught.”
In addition to the immediate consequences of getting caught, Walton warns adults who allow teens to party in their homes of the extended danger they put themselves in.
“If any one of those kids leaves your house after drinking, like the young lady they arrested in front of this home, and gets into a crash of any kind, you are criminally and civilly liable for the results,” said Walton.
Walton said Galt police would run maximum enforcement on all alcohol related issues, all summer long.
“This is what’s coming for Galt,” said Walton. “We will utilize our grants and resources to continue to respond to these type of calls with all of the importance that they warrant. It’s easier just not to risk it. Why take the chance?”
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