Underage Possession & Consumption of Alcohol Charges

Underage Possession & Consumption of Alcohol Charges

Getting charged with underage possession or consumption of alcohol can be scary. Even if you’re a good kid who made a dumb mistake, these charges can have real consequences. Let’s break down what they mean and what defenses you might have.

What is Underage Possession of Alcohol?

Basically, if you’re under 21 and have booze on you, that’s possession. Different states have different laws, but generally it means having alcohol in your physical control – holding a beer, with a six pack in your backpack, etc. Some states say you can be charged even if you aren’t holding it, like if there are beers in the backseat while you drive.

The exact age cutoff and how much you need to have varies. In a lot of states it’s illegal for anyone under 21 to possess any amount of alcohol. But in some you can have small amounts if you’re over 18 or with your parents. Check your state laws to be sure.

What About Underage Consumption of Alcohol?

Again, every state is different, but in general this means drinking any amount of alcohol if you’re under 21. Even a sip. Cops don’t need to prove you’re drunk or impaired, just that you consumed some booze.

They might breathalyze you and use a BAC over 0.00% as evidence. Or if they find you passed out after a party, that can show consumption. Basically, any sign you ingested alcohol can lead to charges.

What are the Consequences?

For a first offense, expect fines of $100-$500 in most states, maybe more for repeat offenses. Some states suspend your license for 30-90 days too. And you’ll probably have to attend alcohol education classes or treatment.

While these aren’t huge punishments, they can seriously impact your life. Fines and classes cost money. Losing your license makes it tough to get around. And it goes on your criminal record, which can hurt job and school prospects down the road.

For possession, some states treat it as a misdemeanor crime. That’s worse than an infraction because misdemeanors can include jail time up to 1 year. But for underage drinking, jail is rare on a first offense. They usually go easy on kids and just assign fines and classes instead.

What Defenses Can I Raise?

There are a few solid defenses that might get the charges dropped completely:

• You were on private property – In many states, underage possession is only illegal in public spaces. If you were at a house party or had beers in your own kitchen at home, this defense might work.
• The alcohol belonged to someone else – If that six pack was your older buddy’s and you were just holding it for a minute, you aren’t guilty of possession. This is a great defense that lays blame on the true owner.
• Someone else supplied the alcohol – It’s often a crime for anyone to provide alcohol to those under 21. So if someone else handed you the drinks or bought them for you, they committed a crime, not you. This shifts responsibility away from you.
• You thought the drink was non-alcoholic – Maybe you had virgin cocktails that were secretly spiked. As long as you reasonably believed you weren’t consuming alcohol, you aren’t guilty of underage drinking.
• Entrapment – This rarely works, but if a cop pressured you into taking drinks just so they could bust you, it’s entrapment. This nasty defense argues the police misconduct should invalidate the charges.
• Medical/Religious use – Consuming alcohol for medical or religious purposes is sometimes allowed under 21. Like taking NyQuil with alcohol or drinking for Communion. But you need evidence it was truly for those reasons.
• Misidentification – If cops nabbed the wrong person, you obviously aren’t guilty. Make them prove it was actually you. This works best if you have an identical twin!

Should I Fight the Charges or Take a Plea Deal?

If the evidence is stacked against you and none of the defenses fit, it’s usually best to take a plea bargain instead of trial. Admit fault in exchange for lighter penalties.

But if you have a solid defense, fight it! You could get the whole case dismissed.

Talk options over with your lawyer. And ask about diversion programs – these let you take classes and avoid conviction.

How Can I Prevent This in the Future?

Mistakes happen, but you can avoid more underage charges:

• Avoid parties with alcohol if you’re underage. Don’t go, or leave immediately if booze comes out.
• Never drive other minors to parties or help them obtain alcohol. You could face “contributing to delinquency” charges for enabling them.
• If you’re over 18 but still under 21, only drink small amounts in private residences where it’s legal. Avoid public places like bars where you’re more likely to get caught.
• Don’t carry alcohol through public spaces like streets and parks. Leave it at home to avoid possession.
• Politely refuse drinks from others if there’s any chance they contain alcohol. Don’t trust assurances they are “virgin.”
• If you’re on probation for a prior offense, abstain completely until you turn 21. Probation violations lead to much harsher punishments.

Underage drinking charges are common but scary. With the right legal strategy, you can minimize the damage and avoid future trouble. We all make dumb choices sometimes – it’s part of growing up. Don’t let one slip up derail your whole future.