Is Buying Alcohol Underage a Felony?
The laws surrounding underage drinking and alcohol sales vary from state to state, leaving many people wondering if buying alcohol underage is a felony. In this article, we will delve into the laws and consequences of purchasing alcohol while under the legal drinking age.
Direct Answer:
Buying alcohol underage is typically a misdemeanor offense, but the specific penalty and severity of the charge can vary depending on the state and local laws.
Federal Laws
In the United States, it is illegal to sell or furnish alcohol to minors (individuals under the age of 21) under the National Minimum Drinking Age Act (NMDA) of 1984. Penalties for violating this law can include fines and/or imprisonment for up to one year.
State Laws
Each state has its own laws and penalties for underage drinking and alcohol sales. Here are some examples:
| State | Penalty for Minors Under 21 Drinking or Possessing Alcohol | Penalty for Selling or Furnishing Alcohol to Minors |
|---|---|---|
| Alabama | Misdemeanor (up to one year in jail, fine up to $500) | Felony (up to five years in prison, fine up to $10,000) |
| California | Misdemeanor (up to one year in jail, fine up to $1,000) | Misdemeanor (up to one year in jail, fine up to $1,000) |
| Florida | Misdemeanor (up to one year in jail, fine up to $500) | Felony (up to five years in prison, fine up to $10,000) |
| New York | Misdemeanor (up to one year in jail, fine up to $500) | Misdemeanor (up to one year in jail, fine up to $1,000) |
| Texas | Misdemeanor (up to one year in jail, fine up to $500) | Felony (up to two years in prison, fine up to $10,000) |
Consequences
Even though buying alcohol underage is typically a misdemeanor, there can be serious consequences, including:
- Loss of driving privileges: A minor caught drinking or possessing alcohol may have their driver’s license suspended or revoked.
- Fine: The amount of the fine varies by state, but it can range from $100 to $1,000 or more.
- Community service: Minors may be required to perform community service as part of their punishment.
- Criminal record: A conviction for underage drinking or possessing alcohol can result in a criminal record, which can have long-term consequences, such as impacting college or job applications.
- Social and family consequences: Underage drinking can damage relationships with family and friends and can have a negative impact on a minor’s reputation.
Additional Laws and Considerations
There are several other laws and considerations related to underage drinking and alcohol sales:
- Proxy laws: Some states have "proxy laws" that prohibit adults from purchasing or attempting to purchase alcohol on behalf of minors.
- Fake ID laws: States have laws against using or possessing fake identification, including fake IDs for underage drinking.
- Alcohol-related traffic laws: Minors who drink and then get behind the wheel of a car can be charged with driving under the influence (DUI), which can result in severe penalties.
Conclusion
In summary, buying alcohol underage is typically a misdemeanor offense, but the specific penalty and severity of the charge can vary depending on the state and local laws. Minors caught drinking or possessing alcohol can face a range of consequences, from fines and community service to loss of driving privileges and criminal records. Adults who sell or furnish alcohol to minors can face more severe penalties, including felony charges.
