Minor in possession and underage drinking laws prohibit those under age 21 from possessing or consuming alcohol. Violations can result in fines, probation, license suspension or jail time depending on the state and number of offenses. These laws aim to deter underage drinking and apply to both minors and adults who provide alcohol to them. Hiring an experienced defense attorney can help mitigate penalties and prevent long-term damage to one's record that could impact education and career prospects.

1. Minor In Possession Of Alcohol:
Understanding The Laws
and The Consequences

2. Introduction
This slideshow will cover the basics that every
teen or parent should know about minor in
possession of alcohol laws. You’ll learn the
definition of “minor in possession,” and situations
to which the law applies. We’ll provide a general
overview of the consequences of violating these
laws, and how those consequences can seriously
affect school- and employment-related prospects
for the future. We’ll present some hypothetical
examples of underage drinking and minor in
possession cases. Finally, we’ll explore what
actions to take should you need legal help for a
minor in possession of alcohol charge.

3. Minor in possession and underage drinking laws govern all aspects of alcohol possession and use by a minor.
These types of laws pertain to anyone under the age of 21 possessing any type of alcohol — liquor, beer or
wine — in any container, open or closed. These laws also govern consumption of alcohol by a minor. In most
states, those under age 21 cannot legally consume alcohol at all, even in a private setting. Some states have
“zero tolerance” policies dictating that a minor found to have a BAC (blood-alcohol content) level over 0.02,
for instance, can be charged with a violation. In fact, a minor may face charges if he or she even admits to
drinking alcohol.
In most states, an adult can also be charged for providing alcohol to a minor. A store clerk can be charged for
knowingly selling alcohol to a minor, or even to an adult when the clerk knows the adult is going to provide
the alcohol to a minor. Laws regarding minors drinking in private settings vary by state, but in no state may
anyone under age 21 possess or consume alcohol in public.
What Are Minor in Possession and Underage Drinking Laws?

4. The Exceptions
There are some situations in which underage
possession or consumption of alcohol is permissible:
• When handling alcohol in the course of
employment
• In small amounts as part of a religious
observance or ceremony
• In the following states, minors may consume
alcohol in private settings, under family
supervision: Colorado, Maryland, Montana,
New York, Texas, West Virginia, Washington,
Wisconsin and Wyoming.
Note that even if alcohol is legally consumed, local
underage consumption and possession laws still
apply in public areas. So if a minor’s BAC is above
the legal limit in a public area, he or she may still
be charged under those laws, even if the actual
drinking took place in a private setting.

5. How States Regulate Underage Drinking
Underage drinking and minor in possession laws are handled on a state-by-state basis, although the federal
National Minimum Drinking Age Act of 1984 provides for stiff economic penalties against states where the
minimum legal age for possessing or consuming alcohol in public is under 21.
All states are in compliance with the federal standard — although details can vary by state. Some allow
underage alcohol consumption in private settings, though most require adult consent and supervision.
Many states take a zero-tolerance approach, forbidding underage alcohol consumption or possession in any
circumstance. In these states, parents or other adults can be charged with providing alcohol to minors, even if
it occurs in private.
Many state and local authorities work proactively to identify and reduce underage alcohol possession and
consumption by monitoring stores, bars, restaurants and roads to discourage minors from violating the law.

6. Penalties for Minor in Possession Violations
Minor in possession and underage drinking convictions carry significant penalties so that the laws will be
taken seriously. Depending on the state, the punishment can be as severe as a $1,000 fine and up to a year
in jail, even for a first offense. In other states, the goal is to deter alcohol consumption and possession, but
with punishments not severe enough to inhibit future education and employment opportunities. Here’s an
example of penalties under that philosophy, for a violation of a minor in possession law:
First Offense
• Deferred prosecution: With a guilty plea, the penalty may be limited to probation (up to 24 months), a $100
fine and community service. Terms of probation include regular drug and alcohol testing and monthly
reporting, and a probation violation may result in up to 30 days in jail. A conviction is not entered on the
defendant’s record unless terms of probation are violated.
• Guilty, no deferral: No jail time and a $100 fine. Under this plea, the conviction is entered on the record.

7. Penalties for Minor in Possession Violations
Second Offense
• Probation, with up to 30 days in jail if violated
• $100 fine
• Driver’s license suspended
Third Offense
• Probation, with up to 60 days in jail if violated
• $300 fine
• Driver’s license suspended

8. An Example of Illegal
Underage Drinking
John, 17, lives in a state with a zero-tolerance policy.
His parents let him drink several beers at a family
party, even though it’s not legal. He isn’t driving
and is not in danger of being drunk, but later goes
out in public when he is picked up by friends to go
to a movie. Several members of the group become
disruptive, the police are called, and one detects a
faint odor of alcohol. A test determines that John’s
BAC is 0.03 as a result of the beer he consumed
earlier that day, and he is charged with underage
drinking. In zero-tolerance states, a minor need
not be witnessed drunk or consuming alcohol to be
charged if his or her BAC is above the legal limit.
Moreover, had the police been called to John’s family
party for any reason, his parents likely would have
been charged with providing alcohol to a minor.

9. An Example of Minor in
Possession of Alcohol
Anne, 16, is sent by her parents to a small grocery
store up the street to buy beer for a party. Her family
is on a first-name basis with the staff and owners,
and Anne’s parents send a note granting permission
for Anne to make the last-minute purchase. The
cashier, after some deliberation, sells Anne the
beer. As Anne is walking back to her house, a police
officer notices her carrying the beer. After checking
her ID, the officer concludes she is a minor illegally
in possession of alcohol. The cashier also is
charged, with providing alcohol to a minor. Parental
consent for possessing alcohol does not apply in
all states, and Anne’s public possession was against
the law, with or without that consent. The cashier
was not legally permitted to sell Anne alcohol under
any circumstance.

10. Legal Help for Underage Drinking or Minor in Possession Charges
Underage drinking and minor in possession of alcohol are serious charges, even for first-time offenders. Even
if an offender is granted probation, there’s no margin for error. The financial burden and hardship of fines and
a driver’s license suspension for subsequent violations are also serious considerations.
An experienced defense lawyer may be able to help attenuate some of these circumstances in the case
of an underage drinking or minor in possession charge. A deep knowledge of the law is the strongest ally
in the fight to reduce the charge or be acquitted. With an understanding of the specifics of local laws, an
experienced, knowledgeable attorney is in the best position to limit or eliminate the damage to a minor’s
legal record. Permanent records of convictions can affect college or trade school admission, as well as
employment possibilities.
Fighting a charge of underage drinking or minor in possession is most often successful with knowledge and
experience in your corner. Consider that option should you find yourself in need of legal assistance.