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What is the difference between underage drinking and possession charges?

What is the difference between underage drinking and possession charges?

Full question:

My son was ticketed for what I thought was underage drinking while he was at college. He is 18 years old. He hired a lawyer there. The lawyer is now telling me that he was arrested, NOT ticketed, and charged with possession, NOT underage drinking. What is the difference between the two charges? He was not handcuffed or taken into the police station so I guess I do not fully understand the term "arrested." He is now to do 8 hrs. of community service and write a paper which will be submitted to the D.A. in hopes that it may be dismissed. His court date has been continued until July. He is in the process of filling out employment applications as well as college applications. Is he required to show that he has been arrested on these?

Category: Criminal
Subcategory: Pleas
Date: 04/07/2025
State: North Carolina

Answer:

In North Carolina, an individual under twenty-one caught purchasing, attempting to purchase, or possessing alcohol can be charged with a class 1 misdemeanor. The judge has discretion over sentencing. If the arrest is not expunged from police and court records, he must report this arrest when legally required to do so.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does an underage drinking citation go on record?

Yes, an underage drinking citation can go on record. In many states, including North Carolina, such citations are considered criminal offenses and can appear on a person's criminal record. This may affect future employment or educational opportunities. It’s important to understand the implications of these records and consider seeking legal advice for potential expungement options.

Is selling alcohol to a minor a strict liability crime?

Yes, selling alcohol to a minor is typically considered a strict liability crime. This means that the seller can be held liable regardless of intent or knowledge that the buyer was underage. In North Carolina, this offense can result in significant penalties, including fines and potential jail time. It is crucial for sellers to verify the age of buyers to avoid legal consequences.

How serious is underage drinking?

Underage drinking is taken seriously and can lead to legal consequences, including fines, community service, and a criminal record. In North Carolina, being caught with alcohol under the age of 21 can result in a class 1 misdemeanor charge. The seriousness of the offense can also impact future opportunities, such as employment and education.

Is it illegal to drink under 21 in all states?

Yes, it is illegal for individuals under 21 to consume alcohol in all U.S. states. The National Minimum Drinking Age Act of 1984 established this federal law, which prohibits the purchase and public possession of alcohol by those under 21. States may have specific penalties for violations, but the general rule applies nationwide.

Is it illegal for college students to drink?

Yes, it is illegal for college students under 21 to drink alcohol in the U.S. This applies regardless of whether they are on campus or off. Colleges and universities often have their own policies that impose additional penalties for violations, including disciplinary actions. Students should be aware of both state laws and campus regulations regarding alcohol consumption.

Can you go to jail for underage drinking in the US?

Yes, it is possible to go to jail for underage drinking in the U.S. The consequences vary by state, but underage drinking can lead to misdemeanor charges, which may include jail time, fines, or community service. In North Carolina, for instance, a conviction for underage possession of alcohol can result in a class 1 misdemeanor, which carries potential jail time.

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