Underage Drinking: Legal Or Illegal?

While asking someone to buy alcohol for you is not inherently illegal, the actions that follow can be. In the United States, the 21st Amendment to the Constitution gives each state the authority to regulate the sale and distribution of alcoholic beverages within its borders. The National Minimum Drinking Age Act requires states to prohibit persons under 21 from purchasing or publicly possessing alcohol as a condition of receiving state highway funds. Some states, like California, permit minors to possess alcohol in private locations, but it is illegal to provide alcohol to minors in any setting. Attempting to purchase alcohol when under 21 is generally illegal, and minors who attempt to purchase alcohol in Texas, for example, may face Class C misdemeanor charges.

Asking vs attempting to buy alcohol under 21

Asking someone to buy alcohol for you if you are under 21 is not inherently illegal, but the actions that follow can be. In the United States, the 21st Amendment to the Constitution gives each state the authority to regulate the sale and distribution of alcoholic beverages within its borders. While specific laws vary from state to state, it is generally illegal for minors to purchase or attempt to purchase alcohol. For example, in Texas, minors who attempt to purchase alcohol face a Class C misdemeanour charge. Similarly, in Colorado, it is illegal to sell, purchase, or provide alcohol to individuals under 21, and adults who violate this law may face fines, community service, or other penalties.

Some states, like California, permit minors to possess alcohol in private locations, but it is illegal to provide alcohol to minors in any setting. Additionally, federal regulations prohibit minors from publicly possessing alcohol, with some exceptions, such as when accompanied by a parent or legal guardian. While the laws vary, it is important to note that attempting to commit a crime is, in itself, a crime. This means that even if an individual under 21 does not successfully purchase alcohol, the attempt can still be considered illegal.

If an individual under 21 is caught attempting to purchase alcohol, the consequences can vary. In some states, an underage drinking charge is likely under state criminal laws. This is usually classified as a misdemeanour criminal offence and can result in fines, alcohol counselling, community service, or driver's license revocation. However, most states allow for expungement of alcohol-related offences from criminal records, especially for first-time offences. On the other hand, if a minor is facing charges of possessing or consuming alcohol, they may be able to challenge the evidence or claim mistaken identity, lack of intent, or consent from a parent or guardian.

While the laws primarily focus on the sale and provision of alcohol to minors, it is important to note that asking an adult to purchase alcohol for you when you are under 21 can still carry legal consequences. In Colorado, for example, social hosting laws hold individuals accountable for knowingly providing alcohol to minors in social settings. Therefore, while asking may not be illegal, it can still lead to civil and criminal consequences if the adult provides the minor with alcohol.

State-specific alcohol laws

In the United States, the minimum legal drinking age is 21. This means that alcohol cannot be sold to people younger than 21. The 21st Amendment to the Constitution allows each state to make its own laws regarding the sale and distribution of alcohol within its borders. As a result, there are many state-specific exceptions to the minimum legal drinking age.

For example, in Texas, it is illegal for minors to purchase, attempt to purchase, possess, or consume alcoholic beverages. It is also illegal for minors to be intoxicated in public or misrepresent their age to obtain alcoholic beverages. These laws apply to those under the age of 21, who are considered minors.

California permits minors to possess alcohol in private locations, but it is illegal for anyone to provide alcohol to minors in any setting. Some states have exceptions for beverages containing less than one-half of one percent alcohol by volume. Federal regulations also exclude certain situations from the definition of "public possession," such as possession for religious purposes or when accompanied by a parent, spouse, or legal guardian age 21 or older.

Many states have laws that hold "social hosts" responsible for underage drinking events on their property, even if they did not provide the alcohol. Ten states have specific "social hosting" laws prohibiting hosting underage drinking parties, while another 21 have general "social host" laws. These laws vary from state to state, so it is important to be aware of the specific laws in your state.

Drinking under 21 and legal repercussions

Drinking under the age of 21 can result in various legal repercussions, which may vary depending on the state and the specific circumstances of the case. In the United States, the National Minimum Drinking Age Act requires states to prohibit individuals under 21 from purchasing or publicly possessing alcoholic beverages. While the act of asking someone to buy alcohol for a minor is not inherently illegal, providing alcohol to minors is illegal in many states and can lead to both civil and criminal consequences.

In states like Texas, minors who purchase, attempt to purchase, possess, or consume alcohol face legal repercussions. For example, they may be charged with a Class C misdemeanor. Additionally, if a minor is caught with alcohol, they can be charged with a Minor in Possession (MIP). In some states, exceptions may apply for private locations or beverages with a very low alcohol content.

The legal repercussions for drinking under 21 can include fines, community service, driver's license revocation, and other penalties. In some cases, individuals may be required to attend alcohol counseling or classes. For a second offense, the penalties are typically more severe. However, most states allow for the expungement of a first-time alcohol-related offense from an individual's criminal record, although this process can take a long time and may depend on the specific circumstances.

Minors facing charges related to alcohol possession or consumption may have several legal defenses available, depending on the circumstances. For example, they may challenge the legality of the search or lack of probable cause. Mistaken identity, lack of intent, consent from a parent or legal guardian, and Miranda rights violations are also potential defenses.

It is important to note that the specific laws and repercussions related to drinking under 21 can vary by state, and individuals should consult with a criminal defense attorney to understand the laws and potential consequences in their specific state.

Expungement of alcohol-related charges

In the United States, the legal drinking age is 21 years across all states. There are varying state laws prohibiting minors from purchasing or attempting to purchase alcohol. These laws also cover the possession, consumption, and transportation of alcoholic beverages by minors. In some states, exceptions are made for certain beverages with low alcohol content, religious ceremonies, the presence of a guardian, educational purposes, or law enforcement investigations.

If an individual under 21 is charged with an alcohol-related offence, most states allow for the expungement of the violation from their criminal record, especially for first-time offences. Expungement refers to the sealing of an individual's record, preventing the disclosure of a conviction when applying for college, employment, or housing. However, the expungement process can be time-consuming and may depend on the outcome of the case. For dismissed charges, individuals can typically apply for expungement sooner, while a guilty plea or conviction may require waiting until the age of 21 or longer. In some states, such as Pennsylvania, individuals convicted of underage drinking at 18 or older can have their records expunged once they turn 21 and complete their sentence.

It is important to note that even with expungement, charges may still appear on background checks during the expungement process, potentially impacting college and job applications. Each state has specific requirements and categories for expungement eligibility, including maintaining a clean record for several years. Consulting with a lawyer can help individuals understand their options and navigate the expungement process effectively.

Defenses for minors in possession of alcohol

In the United States, the legal drinking age is 21. Underage individuals who consume, possess, or purchase alcohol can face criminal penalties and a record. All states prohibit the possession of alcohol by minors, and most include consumption under these prohibitions. An increasing number of states have added "internal possession" to their underage drinking laws, meaning prosecutors do not need to prove possession or consumption through witness testimony or signs of intoxication.

Minor in Possession (MIP) is a violation that occurs when a person under the legal drinking age of 21 is found to be in possession of alcohol. MIP laws and punishments vary by state and are typically included in state statutes. A minor can be deemed in possession if they are physically holding an alcoholic drink, either opened or sealed, in their hand. They can also be deemed in "constructive possession" if they have access to alcohol in a setting that would indicate they intended to drink it. For example, if alcohol is found in the trunk of a car that a minor is driving, they would be deemed to be in constructive possession.

MIP laws are designed to deter minors from obtaining and consuming alcohol, and the punishments for this crime are wide-ranging and often focused on rehabilitation. Most states focus on the rehabilitation of minors rather than strict punishment and may allow a minor to avoid criminal prosecution by completing a court-ordered rehabilitation and prevention program. In some states, if a minor agrees to participate in education programs and rehabilitation, they may be able to avoid a criminal charge entirely.

There are several defenses to MIP charges, although the validity of the defense depends on the state and local laws where the citation is issued. These include:

• Not an alcoholic beverage: Mistakes can happen when police determine whether a drink is alcoholic.
• Exceptions to minimum drinking age laws: Some states have exceptions to minimum drinking age conditions. For example, underage drinking and possession of alcohol may be permitted in some states under the following conditions: with parental permission, in a private non-alcohol-serving premises, for medical purposes, for educational purposes, for religious traditions, for government work/study objectives, or in some alcohol-selling establishments.
• Coercion/force: The individual was forced to drink alcohol under the threat of injury or harm.
• Involuntary intoxication: The individual's mental capacity was affected due to involuntary intoxication.
• Mistaken identity: The individual was misidentified as the person in possession of alcohol.
• Unaware of alcohol: The individual was unaware that the drink contained alcohol.
• Unlawful search: The police conducted an unlawful search or violated the minor's Miranda rights, leading to the exclusion of key statements or evidence.

Frequently asked questions