Underage Alcohol and/or License Violations FAQ
Underage Drinking & License Violations FAQ
In the wake of media reports about lenient treatment for young people in court and lax Driving While Impaired DWI enforcement, a perfect storm has gathered over the heads of young people charged with alcohol related offenses, with onerous penalties and long term consequences.
In some cases, the charge can be dismissed or the conviction prevented from being entered against you.
No matter what, given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I am under 21 years of age and charged with Driving While Impaired DWI. What can happen?
I used a fake ID to obtain alcohol. What can happen?
I helped someone less than 21 years of age to obtain alcohol. What can happen?
I gave or sold someone alcohol who is under 21 years of age. What can happen?
If any of these issues can be raised, it can result in a dismissal of your case.
I am under 21 years of age and charged with Driving While Impaired DWI. What can happen? top
You will have criminal conviction on your record forever. You will also lose your drivers license if you are convicted. There is currently a conflict in the law about the validity of a Limited Driving Privilege issued by a judge. NC DMV claims that they will not honor them, while judges may issue them nonetheless. If you are convicted of this offense, your full privileges will not be restored until one year has passed or you turn 21 years of age, whichever is longer.
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I am under 21 years of age but blew under the legal limit of .08 Blood Alcohol Content. What can happen? top
You can be charged with “Driving by Person less than 21 years old after Consuming Alcohol or Drugs”. This law prohibits a driver under 21 from driving with ANY alcohol or drug (with certain limited exceptions) in their system. Even a mouthful of beer (or other alcohol) can get you convicted. It also mandates the revocation of their driver’s license but allows for a Limited Driving Privilege. The judge may be convinced to allow a Prayer for Judgment Continued PJC under the appropriate circumstances which would prevent the revocation of your license and the entry of a conviction against you.
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I am under 21 years of age and charged with Purchasing, Possession or Consumption of Alcohol. What can happen? top
It is a criminal offense for anyone under 21 years of age to consume or possess ANY alcohol, unless certain limited exemptions apply. If you are convicted of this, you will have a criminal record that will follow you for life. In certain circumstances, you may also lose your license for one year (in addition to any other revocation), but may be eligible for a Limited Driving Privilege.
A law enforcement officer may require any person to submit to an alcohol screening test and a refusal to submit to this test shall be admissible in court.
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I used a fake ID to obtain alcohol. What can happen? top
If you are convicted of this, you will have a criminal record that will follow you for life. You will also lose your license for one year (in addition to any other revocation), and you will NOT be eligible for a Limited Driving Privilege.
No driving, not for work, school or medical emergencies.
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
The police say that I allowed someone under 21 years of age to use my ID to obtain alcohol. What can happen? top
First, they have to prove it. Was it used with your knowledge and consent? Did you admit to it? Did the underage person give a statement against you? Is it admissible in court?
If you are convicted of this, you will have a criminal record that will follow you for life. You will also lose your license for one year (in addition to any other revocation), and you will NOT be eligible for a Limited Driving Privilege.
No driving, not for work, school or medical emergencies.
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I helped someone less than 21 years of age to obtain alcohol. What can happen? top
Say you are with an underage friend (regardless of how old you are) and you agree to be the lookout while they buy alcohol. Or you are just accused of being the lookout by an over-zealous officer just because you happen to be waiting in the parking lot.
If you are convicted of this, you will have a criminal record that will follow you for life. You will also lose your license for one year (in addition to any other revocation), but may be eligible for a Limited Driving Privilege. top
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
I gave or sold someone alcohol who is under 21 years of age. What can happen? top
Even giving alcohol for free to an underage person is a criminal offense. The law distinguishes “giving” as opposed to “selling”, with different criminal liabilities, and driver’s license consequences, for each.
But first the police and prosecution must prove that you did so. Is it on videotape? Witnessed? Was an underage informant used? Did you admit to it? Were other people serving alcohol also? Most importantly, did you think that you saw a valid ID?
If any of these issues can be raised, it can result in a dismissal of your case. top
Given the consequences to your criminal record and the exposure to loss of driving privileges, you should consult with an experienced lawyer who will look for every defense and mitigating factor in your case.
