New Jersey Section 2C:33-15 – Possession, consumption of alcoholic beverages by persons under legal age; penalty.

Underage Drinking in New Jersey: What You Need to Know

Getting busted for underage drinking in New Jersey can lead to some pretty serious consequences. As a lawyer practicing in the Garden State, I wanted to break down the legal penalties for underage drinking so Jersey teens and parents alike know what they’re up against if caught violating 2C:33-15.

The Law in a Nutshell

New Jersey statute 2C:33-15 makes it illegal for anyone under the age of 21 to possess or consume alcoholic beverages. Seems pretty straightforward, right? Well, here’s where things get a bit complicated:

• You can be charged even if cops don’t actually see you drinking. Just holding a red solo cup at a party is enough for probable cause.
• You don’t have to be drunk or even tipsy. Simply having alcohol in your system is against the law.
• It’s illegal regardless of where you are – a house party, the beach, a parked car, etc. Location doesn’t matter.
• Parents and guardians can face charges too for allowing underage drinking on their property.

So in a nutshell, if you’re under 21 don’t drink a sip of alcohol anywhere in Jersey unless you want to risk a criminal charge. Harsh but true.

Penalties for Underage Drinking

The specific penalties for underage drinking depend on your age and number of offenses, but they’re not pretty:

Under 21 Violations

• 1st offense: Up to 6 months license suspension, $250-$500 fine, possible community service
• 2nd offense: Up to 2 year license suspension, $500-$1000 fine, possible community service
• 3+ offenses: Up to 2 year license suspension, $1000 fine, mandatory community service, possible jail time

So each time you get caught underage drinking, the punishments ramp up. Definitely not worth it.

Under 18 Violations

The penalties for underage drinking are even worse if you’re under 18. We’re talking:

• Mandatory community service or counseling
• Possible driver’s license postponement
• Juvenile charges on your record

Parents of teens under 18 can also be hit with civil fines up to $500 each time their kid gets charged. That’ll put a dent in the old college fund!

Defenses Against Underage Drinking Charges

Okay, so you got busted drinking underage. What can you do to fight the charges? Here are some possible defenses:

• You weren’t drinking – Seems obvious, but if the cops have no proof you actually consumed alcohol, the charges could get tossed.
• Wrong person – Police may have identified and charged the wrong person. Mistaken identity happens.
• Illegal search – If cops searched you or your property illegally, any evidence found may not hold up in court.
• Entrapment – You were unfairly pressured or coerced into committing a crime you wouldn’t have otherwise.
• Medical use – You consumed alcohol for a legitimate medicinal purpose (rare but possible).
• Religious use – Drinking was part of a bona fide religious practice protected by the First Amendment.

The odds are stacked against underage drinkers in Jersey, but an experienced criminal defense lawyer may be able to get charges reduced or dismissed by raising one of these defenses. Don’t just plead guilty without exploring your options.

What Parents Can Do

As a parent, you can help your teen avoid underage drinking charges:

• Educate them on the serious legal risks of underage drinking. Scare them straight!
• Make it 100% clear that drinking before 21 will not be tolerated under your roof.
• Get to know your teen’s friends and their parents. Coordinate rules and consequences.
• Supervise all parties and gatherings at your home. Don’t allow underage drinking.
• Encourage alcohol-free activities and set a positive example yourself.
• If needed, seek professional counseling for a teen already involved with alcohol.

With parental engagement and open communication, hopefully we can steer New Jersey teens away from underage drinking and the harsh legal consequences. It won’t be easy, but it’s worth the effort.

I know this was a long one, but I wanted to fully cover the complex legal issues around underage drinking in NJ. Let me know if you have any other questions! I’m here to help.