What an underage drinking charge means and what comes next
An underage drinking charge is a criminal or civil citation issued when someone under the legal drinking age (21 in all U.S. states) is caught with alcohol or found to be intoxicated. The charge itself is not a conviction — it is the formal accusation that starts a legal process. What happens after depends on the state, the specific circumstances, whether you have prior offenses, and whether you go to court or resolve it another way.
The when ready consequence is usually a court date. You will receive a citation or summons with a date, time, and location. Between now and that date, you have decisions to make: whether to hire a lawyer, whether to plead guilty or not guilty, and whether to explore options like diversion programs that might keep the charge off your record. Understanding each of these choices before you walk into court matters because some options close once you enter a plea.
Key Takeaways
- An underage drinking charge is a citation that starts a legal process, not an automatic conviction or permanent record.
- Most states offer diversion programs or deferred adjudication that can dismiss the charge if you complete requirements like community service or alcohol education classes.
- A lawyer can often negotiate reduced charges or access to programs you might not know about, and many offer free or low-cost consultations.
- Pleading guilty when ready closes off most options, so understanding what is available before your court date is important.
- Penalties vary widely by state and prior record, ranging from fines and community service to license suspension and jail time in repeat cases.
How the charge moves through the court system
After you receive the citation, you will have a court date — usually between two weeks and two months away, depending on the court's schedule. On that date, you appear before a judge or magistrate. This is called an arraignment or initial appearance. At this hearing, the judge will explain the charge, tell you your rights, and ask how you plead.
You have three options: plead guilty, plead not guilty, or plead no contest (in states that allow it). Pleading guilty ends the case when ready and moves to sentencing. Pleading not guilty means the case continues, and you may have a trial or further negotiations. Pleading no contest means you do not admit guilt but accept the same punishment as if you had — it is sometimes used to avoid civil liability later.
Many courts offer a fourth path before you ever plead: diversion or deferred adjudication programs. A lawyer or court staff can tell you whether you are may be able to access. These programs let you avoid a conviction by completing requirements like community service, alcohol education classes, or probation. If you finish successfully, the charge is dismissed or reduced.
Diversion and deferred adjudication programs
Most states and many local courts run programs designed to keep first-time or low-level offenders from getting a permanent criminal record. These programs go by different names — diversion, deferred adjudication, conditional discharge, or pre-trial intervention — but they work similarly: you agree to complete certain requirements, and if you do, the charge is dismissed or reduced to a lesser offense.
Common requirements include community service (usually 20 to 100 hours), an alcohol education or substance abuse class (typically 4 to 12 weeks), a fine (often $100 to $500), and sometimes probation (3 to 12 months). You may also be required to submit to random drug or alcohol testing. The exact requirements depend on the program and the court.
may be able to access usually depends on whether this is your first offense, whether you were arrested for drinking and driving versus straightforward possession, and whether there were any injuries or property damage. Some programs are only for people under 18; others extend to age 21 or 25. Ask the court or a lawyer whether you are may be able to access before your court date, because once you plead guilty, most programs are no longer available.
Penalties if you are convicted or plead guilty
Penalties for underage drinking vary significantly by state and by your prior record. A first offense typically results in a fine between $100 and $500, community service between 20 and 50 hours, and sometimes a mandatory alcohol education class. Some states impose a driver's license suspension of 30 days to one year, even if the offense had nothing to do with driving.
A second offense usually brings steeper penalties: fines of $250 to $1,000, community service of 50 to 100 hours, possible jail time of up to 10 days in some states, and a longer license suspension. A third or subsequent offense can result in jail time of 30 days to several months, fines of $500 to $2,000, and license suspension of one to three years.
If the charge involves driving under the influence (DUI) or driving while intoxicated (DWI), penalties are much more severe and include mandatory jail time, substantial fines, license suspension of at least one year, and required installation of an ignition interlock device. These charges also carry collateral consequences like higher insurance rates and difficulty getting into college or obtaining certain jobs.
How a lawyer can help and where to find one
A lawyer can negotiate with the prosecutor to reduce the charge, argue for diversion may be able to access, or represent you at trial if you plead not guilty. They also know local court practices and which judges are more likely to approve certain programs. Many people think they cannot afford a lawyer, but many offer free or low-cost consultations, and if you cannot afford one, you can request a public defender at your first court appearance.
To find a lawyer, start with your state bar association's referral service (search "[your state] bar association lawyer referral"). Many local legal aid organizations also handle criminal cases for people who may have access to based on income. Ask any lawyer you contact whether they have experience with underage drinking cases in your specific court and whether they know what diversion programs are available.
If you cannot afford a lawyer and do not may have access to for legal aid, the court will appoint a public defender at no cost. Public defenders handle thousands of cases, so they move quickly, but they also know the local system well and can often get charges reduced or dismissed. Do not assume a public defender is worse than a private lawyer — many are experienced and effective.
What happens to your record and your future
If you complete a diversion program successfully, the charge is dismissed and you can legally say the arrest did not happen in most contexts — though law enforcement and courts can still see it. If you are convicted or plead guilty without diversion, the conviction stays on your criminal record permanently unless you later petition to have it sealed or expunged.
A conviction can affect college admissions, financial aid, job prospects, housing applications, and professional licenses. Some employers and schools ask about arrests; others ask only about convictions. The distinction matters. An arrest that was dismissed looks very different from a conviction on a background check.
Sealing or expungement is a legal process that removes or hides the conviction from public view. may be able to access and timing vary by state — some allow it when ready after sentencing, others require you to wait several years without further offenses. A lawyer can tell you whether you are may be able to access and help you file the paperwork, which usually costs $200 to $500 in attorney fees plus court costs.
Underage drinking charges and your driver's license
Many states suspend or revoke your driver's license automatically upon an underage drinking conviction, even if you were not driving. This is called an administrative license suspension and happens separately from any court penalty. The suspension period ranges from 30 days to three years depending on the state and whether this is a repeat offense.
Some states allow a hardship license or work permit during suspension, which lets you drive to school, work, or court-ordered programs. To request one, you typically file a petition with the court or the Department of Motor Vehicles. You will need to show that the suspension causes genuine hardship and sometimes that you have completed an alcohol education class.
If the charge involved driving under the influence, license suspension is mandatory and usually longer — typically one year for a first offense. You may also be required to install an ignition interlock device, which prevents the car from starting if it detects alcohol on your breath. These devices cost $50 to $100 per month to rent and maintain.
Frequently Asked Questions
Will an underage drinking charge show up on a background check?
If you are convicted or plead guilty, yes — it will appear on criminal background checks unless you later have it sealed or expunged. If the charge is dismissed through a diversion program, it typically does not appear on most background checks, though law enforcement and courts can still access it. Ask the court or your lawyer about sealing options in your state.
Can I get the charge dismissed if I complete an alcohol class on my own?
Not automatically. You need to be in a formal diversion or deferred adjudication program offered by the court. Taking a class on your own shows good faith and may help at sentencing, but it does not dismiss the charge. Ask the court whether you are may be able to access for a program before your court date.
What if I cannot afford a lawyer?
Request a public defender at your first court appearance. Public defenders are free and handle criminal cases every day. You can also contact your local legal aid organization to see if you may have access to for free representation. Many bar associations also have referral services that connect low-income people with reduced-fee lawyers.
Does an underage drinking charge affect college or financial aid?
It can. Many colleges ask about arrests and convictions on applications. Federal financial aid is not automatically denied for drug or alcohol convictions, but some scholarships and state aid programs have restrictions. If the charge is dismissed through diversion, you may be able to answer "no" to questions about convictions. Check with the specific school or aid program.
Can I fight the charge if I was not actually drinking?
Yes. If you plead not guilty, the prosecution must prove you were drinking or in possession of alcohol beyond a reasonable doubt. A lawyer can challenge the evidence, the legality of the stop or search, or the accuracy of any tests. This is why pleading not guilty and exploring your options before court matters.