While all states have conformed to the National Minimum Drinking Age Act, raising the minimum drinking age to 21 years, various state laws affect how these offenses are categorized and penalized. Usually speaking, federal and state laws prohibit public possession of alcohol by a minor, but sometimes private possession is also prohibited. Then there are various laws that concern those who sell alcohol to a minor. To gain a general understanding of these complex laws, read on.

So what is public possession of alcohol? It will be more helpful to define what this is not under federal law. For example, a minor can possess alcohol in a recognized religious observance if they are accompanied by a parent, an adult legal guardian, or a spouse. That would not be illegal public possession. Also, if a medical professional gives alcohol to a minor for a medical reason, this too is acceptable. If a minor possesses (and does not consume) alcohol in a private establishment or at a legal job, employed by a licensed entity, then this would not violate the law.

In a state's laws, several factors are addressed. One of these is selling alcohol to minors. Vendors of alcohol cannot sell alcohol to minors, nor can they furnish them with alcohol in any other way. The flipside of this is that it is illegal for minors to buy or take alcohol. Then each state may prescribe different exemptions to the federal ones listed above. For instance, in California, minors can possess alcohol with parental supervision. In some states, a minor who is employed as a waiter can handle alcohol on the job. Minors are not allowed to consume the alcohol, however, in almost any circumstance. If a teenager tries to pass themselves off as older than they are in order to obtain alcohol, then this could bring on its own charge on top of the illegal purchase. Some states crack down on false identification with the purpose of making it more difficult for minors to avail themselves of this ID.

What are the penalties related to underage drinking? Minors who violate federal or state laws on this count could face criminal charges. This could turn into a sentence that includes jail time and fines. Minors may be able to go through a diversion program instead though, which is supervision and counseling. Upon passing this program, the criminal charges might get dropped. Community service and driver's license suspension could also be included in a minor's sentence. At any rate, having a criminal conviction on one's record so early on life could be limiting to one's future.

Depending on the state, the laws and attendant penalties could be more intense. For example, apart from being employed at a bar, it is illegal in some states for a minor to even go into a bar, cocktail lounge, etc. Then there are states like California that introduced "kegger laws". Kegs are tagged by the business that sell them in order to identify who bought the keg. If minors consume alcohol from the keg at a private party, authorities can determine who is responsible for this alcohol. The person who bought the keg could be looking at civil or criminal charges.

For those who give alcohol to minors, whether through a sale or not, penalties could also entail a jail sentence and fines. There could further be revoked licenses and a suspended or revoked right to serve alcohol. Some states make private consumption of alcohol by minors a criminal offense. In one of these states, if anyone hosts a private party where minors drink alcohol, the host could be jailed and fined.

While there are general guidelines about when such charges can be filed, and what penalties are possible, a great deal depends on the laws in your area that cover underage drinking. To learn more about your state's laws, or to find yourself the rigorous defense you need, do not wait to contact a criminal defense lawyer today.