Underage Possession and Consumption of Alcohol
North Carolina punishes underage persons who possess or consume alcohol while under the age of 21. Underage possession and consumption are considered two separate offenses, the severity of which is determined by age. Individuals who are 19 or 20 are charged with a class 3 misdemeanor, which typically results in only a fine. However, individuals 18 and under are charged with a class 1 misdemeanor, punishable by fine and jail time. At Larsen Weaver, we are experienced with defending these offenses.
First Time Offenders
If you have a clean criminal history, we can negotiate with the District Attorney’s office in most counties to have your charges dropped completely. This negotiation route avoids jail time, probation, and hefty fines. In most instances in Mecklenburg County, we can dispose of your case without you ever stepping into the courtroom. This is especially true if you are 20 years old at the time of the offense. Unfortunately, many defendants do not know the available options to have their cases dismissed and they instead take deals at the DA or officer’s behest. Once your case is dismissed, you may be eligible to have your charges expunged so they no longer appear on your record. More information on expunction can be found on our Expunctions page.
Offenders with a Criminal Record
Even with a criminal history, we can often obtain a successful resolution to your case. We can petition for court sanctioned dismissal programs that will allow you to have your charges dropped upon successful completion. Negotiation with the DA’s office still plays a vital role in handling your case, so it is best to have an experienced attorney’s advice. Regardless of whether your case is dismissed through a court program, plea deal, or finding of guilt, you may still have the option to have your charges expunged from your record. More information on expunction can be found on our Expunctions page.
Driving After Consuming
North Carolina makes it an offense for anyone under the age of 21 to drive after consuming alcohol or other controlled substance.The amount of alcohol or substance is irrelevant for this offense. Many individuals are also charged with Driving While Impaired if their faculties are appropriately inhibited.
Penalties
Conviction of a Class 2 misdemeanor, carrying up to 60 days in jail
Revoked driver’s license for 1 year (a limited driving privilege may be obtained in some cases)
Four Insurance Points