How to Know What to Expect If Your Child Is Charged with Underage Drinking

The legal drinking age in the United States is 21. If your child is younger than 21 and law enforcement officials have reason to believe he or she has been consuming alcohol, your child may be charged with underage drinking.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Computer with Internet access

1. Go the Web site of the U.S. Department of Justice for an overview of the juvenile justice system and to learn how cases are usually handled (see Resources below). Note that actual procedures vary from state to state.
2. Know what happens next. If your child is charged with underage drinking, he or she may be tried in juvenile court for the offense.
3. Understand the consequences if your child is found guilty in juvenile court. Your child could be charged a fine. He or she could be required to attend counseling or to enroll in an education program. His or her driving privileges may be suspended, in some cases for as much as 180 days. Finally, your child could be required to perform community service.
4. Learn more about issues related to underage drinking at the Underage Drinking Enforcement Training Center Web site (see Resources below).
5. Consider counseling. If your child's drinking is a chronic problem, it could be symptomatic of deeper issues he or she is facing. Counseling can uncover and address these problems, and help halt the pattern of unlawful alcohol consumption before it spirals into a more serious crime, such as drunk driving.
6. Seek the help of a defense attorney in your area. A local defense attorney should be familiar with regional practices and can tell you what to expect as your child's case moves through the justice system. You may choose to pay for a private attorney. If you opt not to do so, a public defender will be appointed to represent your child.

Tips & Warnings

• Know your child's legal rights. Everyone taken into police custody must be informed of his or her Fifth Amendment rights, including the right to be silent and the right to an attorney's assistance. If your child is not informed of these rights, statements made in custody are invalid for the purposes of his or her trial.
• Some states allow exceptions to the underage drinking law. Exceptions may be made for religious or medicinal purposes. Some states also grant exceptions for alcohol consumed on private property.
• Know what to expect financially. Your child's charges could put a dent in your wallet. Expect to pay legal fees if you hire a private attorney to defend your child.