What Happens if You Get Caught Underage Drinking in NC?

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Feb 12, 2026

What happens if you get caught underage drinking in NC? There are a few details that can change based on the facts of your situation, but the bottom line is that underage alcohol offenses are taken seriously in every circumstance in North Carolina.

Whether your citation was issued at a party off-campus in Asheville near UNC Asheville, or after being pulled over on I-240 or stopped at a checkpoint on I-26, the penalties you’re facing could have consequences that reach far beyond a wild night.

Asheville underage drinking citations are usually processed at the Buncombe County Courthouse, located at 60 Court Plaza, Asheville, NC 28801.

North Carolina Underage Drinking Laws

The law prohibiting underage drinking in North Carolina is N.C. Gen. Stat. § 18B-302. It states that no person under 21 years of age may purchase, possess, or consume beer, wine, or liquor. A common misconception about underage drinking arrests in Buncombe County is the severity of the charge.

Although many believe that underage consumption is a warning or a simple civil penalty, it is actually charged as a Class 1 misdemeanor, the most serious misdemeanor charge in North Carolina.

Driving anywhere with any alcohol in your system can lead to even more severe penalties. North Carolina has a zero-tolerance policy for underage drinking and driving, codified at N.C. Gen. Stat. § 20-138.3. If you are under the age of 21 and have a .01% blood alcohol concentration, you can be charged with underage DWI. To compare, a person 21 or older cannot be charged with DWI in North Carolina until they reach a .08% BAC.

In 2024, 13.3% of American young people between the ages of 12 and 20 reported consuming alcohol in the previous month. Approximately 7.6% of people between the ages of 12 and 20 said they had binge-drank five or more beers in a single sitting during the previous month. In the previous year, more than 10 million young people reported drinking.

Underage Drinking and DWI Penalties

While jail is a potential punishment for a Class 1 misdemeanor conviction, prosecutors in Buncombe County typically do not send first-time offenders to jail for underage consumption. Instead, you can likely expect probation and alcohol education or community service.

However, just because jail is not likely for a first offense does not mean that you should not worry about a misdemeanor conviction on your record. A conviction can show up on background checks submitted for many jobs, graduate school admissions, and professional licensing applications. Penalties for underage possession or consumption of alcohol start at:

• Class 1 misdemeanor on your record
• Probation, fines, court costs, and community service

Additionally, students at schools like UNC Asheville or Asheville-Buncombe Technical Community College should be aware that their school may also discipline them under its student code of conduct. College sanctions can range from a warning or probation to mandatory counseling, housing restrictions, and suspension. Your school’s discipline process is separate from the criminal process at the courthouse.

The stakes are higher when underage alcohol consumption involves a vehicle. License consequences alone are more severe. Typically, a conviction leads to a one-year license revocation.

When to Hire an Underage DWI Lawyer

If your underage drinking charge involves driving or a higher BAC level, you should ask yourself if hiring a North Carolina underage DWI attorney is the right decision for you. Contacting an attorney early on can help determine how your case is handled and whether there are other options available to you.

Depending on the circumstances of your arrest and your prior record, you may be eligible for a diversion program or deferred prosecution. Successful completion of such a program can result in dismissal of your charge, meaning you won’t have a conviction on your record. Hire an underage DWI lawyer right away to see if this is a possibility for your case.

About Edwards Law, PLLC

Doug Edwards is Western North Carolina’s criminal defense lawyer. Before practicing law, Doug served for over ten years as a prosecutor in Asheville and knew firsthand how underage drinking cases were handled by the Buncombe County district attorney’s office. Doug is a Board-Certified Specialist in State Criminal Law and works with clients throughout Western North Carolina to understand their legal options.

FAQs

Can I Be Charged If I Was Not Driving But Had Alcohol in My System?

Yes, in accordance with the laws of North Carolina, you may still be charged with underage possession or consumption of alcohol even if you were not operating a vehicle at the time of the incident. There is no requirement to drive. A simple act of consuming or possessing alcohol when under the age of 21 might result in additional criminal charges.

What States Allow Minors to Drink With Parents?

A few states permit minors to consume alcohol in private venues with parental consent. Texas, Wisconsin, and Ohio are examples of parental exception states with varying limitations. Public possession and driving under the influence are illegal in all 50 states. Please note that alcohol laws are subject to change. Review each state’s statutes for more details.

Can 18 Year Olds Drink With Parents in North Carolina?

No. Parents cannot provide a “blanket” exception to the underage drinking law in North Carolina. An 18-year-old still cannot drink alcohol legally, even if the parent allows it. N.C. Gen. Stat. § 18B-302 expressly prohibits possession/consumption by anyone under the age of 21 and does not allow for any parental consent exceptions, other than very limited religious exceptions.

Does an Underage Drinking Charge Stay on Your Record in NC?

Yes, it can show up unless it is dismissed or expunged. An underage drinking violation is a criminal offense. You’ll see it pop up on background checks when you’re looking for work, a place to live, or applying to college. There are dismissal programs for first offenders. Depending on your eligibility, you may be able to apply for an expunction later.

Contact Edwards Law, PLLC

If you or a loved one has been charged with underage drinking in North Carolina, Edwards Law, PLLC can help you in the legal process. Contact us today for a consultation.