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Call DONAHUE
Underage Drinking Charges in the Outer Banks
Charged With Underage Drinking in the Outer Banks?
North Carolina makes it a crime for anyone under 21 to buy, try to buy, possess, or drink alcohol under N.C.G.S. Section 18B-302. For a 19 or 20 year old with beer or wine, or who drank, it is a Class 3 misdemeanor. Other underage drinking charges, and fake ID charges, are Class 1 misdemeanors, and some bring a one-year driver’s license revocation.
Many of these charges come from beach parties, rental homes, bars and stores during senior week and the summer season, and they often involve visitors. For a young person, the record can matter more than the fine.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles underage alcohol and other criminal cases in Dare and Currituck County courts.
Charged with underage drinking or a fake ID in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785. Parents are welcome to call.
Underage Drinking Charges and Penalties
| Charge | Classification | Driver’s license |
|---|---|---|
| Age 19 or 20: buying, trying to buy, or possessing beer or unfortified wine, or drinking any alcohol | Class 3 misdemeanor | Revoked for one year if the violation happened while buying or trying to buy |
| Under 19: buying, possessing, or drinking any alcohol. Any age under 21: liquor, fortified wine, or mixed drinks | Class 1 misdemeanor | Revoked for one year if the violation happened while buying or trying to buy |
| Using a fake, altered, or borrowed ID, or letting someone else use yours | Class 1 misdemeanor | Revoked for one year |
| Helping someone under 21 buy or possess alcohol | Class 2 misdemeanor if you are under 21; Class 1 if you are 21 or older | Revoked for one year, with a limited privilege possible |
| Giving alcohol to someone under 21 | Class 1 misdemeanor, with a minimum $250 fine and 25 hours of community service if there is no active sentence | Revoked for one year, with a limited privilege possible |
License revocations for these offenses come from N.C.G.S. Section 20-17.3. Where a limited driving privilege is available, see limited driving privileges.
Screening Tests for Underage Drinking
An officer who has probable cause to believe a person is under 21 and has consumed alcohol may require an alcohol screening test. The results, and a refusal to take the test, can be used in court.
Can an Underage Drinking Charge Be Expunged?
Often, yes. Under N.C.G.S. Section 15A-145, a first offender convicted of misdemeanor possession of alcohol under age 21 may petition to expunge it after two years or after probation ends, whichever is later. Dismissed charges can also be expunged. See expungements.
If You Were Driving
Drinking and driving under 21 is a separate and more serious problem, with its own license revocations. See underage DWI.
Parents, Hosts, and Friends Over 21
Giving alcohol to someone under 21, or helping them get it, is a Class 1 misdemeanor for an adult, with mandatory minimum fines and community service if the sentence is not active, and a one-year license revocation. Parents hosting graduation or vacation gatherings should know the law applies at a rental house too.
How We Can Help
- Explain the charge, the penalty, and whether your license is at risk
- Obtain and review the evidence, including any screening test and ID records
- Explain options that could keep a conviction off your record, and help with expunction when you qualify
- Appear in court for you where the court allows, so visitors can handle the case from home
- Keep parents informed when the client wants them involved
- Communicate in Spanish through our legal assistant, Kaitlyn Fernandez
Underage Drinking FAQs
Is underage drinking a crime or just a ticket in North Carolina?
It is a crime. Depending on your age and what you had, it is a Class 3 or Class 1 misdemeanor.
Will I lose my license for underage drinking?
Not for possession or drinking alone. A one-year revocation applies if the violation happened while buying or trying to buy, for fake ID offenses, and for helping someone under 21 get alcohol.
Can a first underage possession charge be expunged?
Often, yes. A first offender convicted of misdemeanor possession of alcohol under 21 may petition after two years or after probation ends, whichever is later.
I was visiting from another state. Do I need to come back?
It depends on the case. In many cases your lawyer can appear for you. We will tell you early which dates, if any, need you in person.
Talk to an Outer Banks Criminal Defense Lawyer
If you or your child is charged with underage drinking or a fake ID in Dare or Currituck County, call or text 252-715-5785. We will explain the charge and how to protect the record. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.