Underage Drinking Defense

North Carolina law makes it unlawful for any person under the age of 21 to purchase, attempt to purchase, possess, or consume any alcoholic beverage — including malt beverages, unfortified wine, fortified wine, spirituous liquor, and mixed beverages.

The charge can arise in a wide range of circumstances: being found with alcohol at a party, attempting to buy beer at a convenience store, consuming at a friend’s house, or allowing someone else to use your ID. The law also reaches those who assist underage persons — anyone, over or under 21, who aids or abets a violation faces a separate criminal charge.

Two narrow exceptions exist: consuming wine during a qualifying religious ceremony, and handling alcohol as part of lawful employment where youth labor laws permit it.

The severity of an underage drinking charge depends on the specific violation and the defendant’s age:

• 19- and 20-year-olds charged with purchasing, possessing, or consuming alcohol face a Class 3 misdemeanor — up to 20 days of active punishment and a fine.
• Other violations are generally treated as Class 1 misdemeanors, carrying up to 120 days in jail and a fine.
• Aiding or abetting a violation by someone under the lawful drinking age is a Class 2 misdemeanor. An adult who provides alcohol to an underage person faces a Class 1 misdemeanor.

Many convictions also trigger mandatory driver’s license revocation — the court reports the conviction to the NC Division of Motor Vehicles, which then revokes the license regardless of whether the offense involved a vehicle. For most first-time offenders, revocation lasts one year.

A conviction also creates a permanent criminal record visible on background checks, affecting employment applications, college financial aid, scholarships, military service, and professional licensing long after the case closes.

North Carolina has a separate zero-tolerance standard for drivers under 21. Unlike the standard DWI — which requires a BAC of 0.08 or higher — the underage driving after consuming charge requires only a detectable amount of alcohol. There is no permissible BAC for an underage driver in this state.

North Carolina law authorizes law enforcement to require an alcohol screening test from any person the officer has probable cause to believe is both under 21 and has consumed alcohol. A lawfully administered screening test result is admissible in court. A refusal to submit is also admissible.

If a driver’s BAC tests at 0.08 or higher, the State may pursue both the underage charge and the standard DWI simultaneously. The underage charge alone carries a one-year license revocation and a permanent misdemeanor record — distinct from any standard DWI consequences.

Every case depends on its specific facts. Depending on the circumstances, one or more of the following may apply:

• Unlawful stop or detention — The Fourth Amendment requires reasonable suspicion before law enforcement detains a person. Evidence gathered during an unlawful stop may be suppressible.
• No actual possession or consumption — Presence at a location where alcohol is available is not sufficient. The State must prove you personally purchased, possessed, or consumed alcohol.
• Lack of probable cause for screening test — An officer must have probable cause to believe you are both under 21 and have consumed alcohol before requiring a screening test. A test administered without that basis may be challenged.
• Statutory exception — Consuming wine during a qualifying religious ceremony or handling alcohol in lawful employment are complete statutory defenses.
• Correct charge classification — For 19- and 20-year-olds, ensuring the charge is filed at the correct misdemeanor class rather than a higher offense can significantly reduce sentencing exposure.
• First-offender resolution — Depending on the charge and prior record, a conditional discharge, deferred prosecution, or plea to a lesser offense may be available, avoiding a permanent conviction.

Josh Tetterton practices exclusively in Carteret County — the same courthouse where your case will be heard. That local presence means he knows how prosecutors in this district handle underage drinking cases, how judges approach sentencing for first-time offenders, and what realistic outcomes look like in this jurisdiction.

You will work with Josh and Deanna from your first call through the resolution of your case — the same two people the whole way. No staff attorneys, no case handed off to someone who has never met you. When you have a question, you get a real answer from someone who knows your file.

An underage drinking charge may feel like a minor inconvenience. The consequences on your license, your record, and your future are not. An attorney who knows this courthouse and this system can make a real difference in how your case ends.

Will an underage drinking charge stay on my record forever?
Not necessarily. North Carolina has expunction statutes that allow certain convictions and dismissed charges to be removed from your record. We can evaluate whether your case qualifies for an expunction after it resolves.

Can I lose my driver’s license even if I wasn’t driving?
Yes. Under NCGS § 20-17.3, certain underage alcohol convictions — including fraudulent use of identification, aiding and abetting, and purchasing while underage — can result in a one-year license revocation even if no driving was involved.

What is the difference between the standard DWI and the underage driving after consuming charge?
A standard DWI under NCGS § 20-138.1 requires impairment or a BAC of 0.08% or more. The underage charge under NCGS § 20-138.3 applies to any person under 21 with any alcohol in their body — even well below 0.08%. The underage charge is a Class 2 misdemeanor with its own set of consequences, including license revocation.

My child is under 18 and was charged with underage drinking. How is that handled?
Juveniles under 16 are typically handled in juvenile court. For those 16 or older, the case may proceed in District Court. An attorney can advise on the best approach based on your child’s age and the specific circumstances of the charge.

What happens if I refuse a breath test for an underage DWI charge?
For an underage driving after consuming charge, a refusal to submit to an alcohol screening test is admissible as evidence in court under NCGS § 20-138.3. This is not the same as exercising a constitutional right — consult an attorney as quickly as possible after a refusal.

Can I get a limited driving privilege during my revocation?
Possibly. If you are 18-20 and this is your first conviction for driving after consuming alcohol, you may qualify for a limited driving privilege under NCGS § 20-138.3(d). For other underage alcohol revocations, limited privileges may also be available depending on eligibility. An attorney can advise on your specific situation.

Do I need a lawyer for an underage drinking charge?
While you are not legally required to have an attorney, having one significantly improves your chances of a favorable outcome. An attorney can negotiate with prosecutors, identify defenses, and potentially have the charge dismissed or reduced before it affects your permanent record.

Will an underage drinking conviction affect my college financial aid?
Possibly. Some federal financial aid programs can be affected by certain drug or alcohol convictions. Many colleges also require disclosure of criminal convictions on applications. We work to minimize the impact on your academic and professional future.

Can this charge be expunged?
North Carolina allows expunction of certain misdemeanor convictions under limited circumstances. Eligibility depends on your age, prior record, and the time elapsed since the conviction. We can review whether expunction is an option for your case.

How much will it cost to hire Tetterton Law Firm?
We offer competitive flat fees for most misdemeanor cases. Contact us for a consultation so we can discuss your case and provide a straightforward fee quote.

• Carteret County District Court — 302 Courthouse Square, Beaufort, NC 28516
• Carteret County Clerk of Court — (252) 728-8500
• NC Division of Motor Vehicles — license revocation and reinstatement: ncdot.gov
• NC Judicial Branch Case Lookup — nccourts.gov