Young adults under 21 often think of drinking as a rite of passage or “normal” behavior. Still, it can result in serious legal consequences, such as fines, mandatory rehabilitation and/or suspension of driving license. It can also have significant long-term impacts on employment or educational opportunities. Being charged with a crime is a scary event, but it is even more terrifying if you are a minor and have no idea how to navigate the criminal justice system or how it could impact your future.
Underage Drinking in the U.S.
Underage drinking is a significant issue in the United States. The Centers for Disease Control reports that “About 4,000 young people (under 21) die from excessive alcohol use each year.” Additionally, the National Institute on Alcohol Abuse and Alcoholism cites that almost half of all teens have consumed alcohol by age 15. By age 18, more than 70 percent have had at least one drink.
These statistics have caused most states to criminalize the possession of alcohol by minors. These laws attempt to identify minors who are illegally consuming alcohol and try to interrupt these behaviors before they lead to more significant health or legal issues down the road.
Defining a “Minor in Possession”
The Massachusetts General Laws, Chapter 138, § 34C, spells out what constitutes a minor in possession. It prohibits a person under the age of 21 from knowingly possessing, transporting, or carrying alcohol. This includes the act of attempting to buy alcohol from a retailer, dining establishment or adult who has legally purchased the alcohol.
Immediate Legal Consequences
The penalties for being a minor in possession of alcohol are wide-ranging and seek to deter minors from committing the act. Some of the options that the criminal justice system may use upon being found guilty or pleading guilty to this act are to require rehabilitation, such as enrollment in educational classes on the dangers of alcohol and drinking and driving. For minors who may need more robust rehabilitation, enrollment in an alcohol dependency treatment program may be required.
Other legal consequences include potential fines, suspension of license for up to a year, or community service for a set number of hours. For minors who have yet to receive their driver’s license, a delay in issuing the license may occur.
Long-Term Impacts
In addition to these immediate legal consequences, the record of being charged and found guilty of this law can remain for years. For instance, a conviction can result in a criminal record, which can negatively impact future opportunities, including applying to colleges and universities that directly ask this question on the Common Application. It may also disqualify a student from athletic opportunities and academic scholarships from certain universities and colleges.
Future employment may also be impacted, as many employers run background checks for criminal history before hiring. This may be solved by having a minor’s record expunged after a set amount of time or by completing all the requirements of the probationary period.
Has your minor child been charged with possessing alcohol and you need help navigating the legal system? Talk to our team at the Law Office of Patrick Conway. We can work with you every step of the way and explain your legal options for the best outcome possible.