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As we near the end of April, we are also approaching the end of the school year. Spring brings a series of proms, and graduation parties all across North Carolina. The governor has declared April as Alcohol Abuse Awareness Month. Parents and teens alike generally know that underage drinking is prohibited under North Carolina law. And when teens and 20-year-olds drink and drive, the consequences can be increased.

Mothers Against Drunk Driving says that consequences that can arise from underage drinking– other than those in the justice system–can be severe for young adults, regardless of whether a teen drives or not. The organization says that the majority of deaths that can be linked to underage drinking do not occur in drunk driving car accidents. MADD says that 68 percent of alcohol-related fatalities are from non-traffic related causes-including murder, suicide and alcohol poisoning.

Authorities say that underage drinkers accounted for nearly ten percent of all alcohol sold in the state in 2010. Officials also say that 34 percent of high school students admitted in a survey to having consumed alcohol within the 30 days preceding the study.

The data is general data, not related just to the end of the school year. However, as prom season slides by and the graduation season approaches, many high school, and even college aged kids, may find themselves receiving a citation for underage drinking. Many drivers may face underage DUI or DWI charges as we move toward the summer months.

When it comes to driving offenses, a teen can be charged with DWI based upon the traditional concepts of DWI laws in North Carolina. But, the state has a zero tolerance for underage drivers. Essentially, any evidence of alcohol, such as a reading as low as 0.01 percent, can support an underage DUI charge in North Carolina. Underage drivers accused of drinking and driving can also expect to have their licenses suspended.

Anyone facing underage alcohol offenses in North Carolina should not take the matter lightly. Teens accused of underage possession or consumption, and especially drunk driving offenses, should consider seeking the assistance of a criminal defense lawyer to assess the allegations and devise a defense to the accusations.

Sources:

• Fuquay-Varina Independent, “April is Alcohol Abuse Awareness Month,” April 26, 2013
• KLTV 7, “Underage drinking leads to fatalities on, off roads,” Updated April 24, 2013

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Most college kids are aware that the legal age for drinking in North Carolina is 21-years-old. However, students at any college in the state–from East Carolina University or Pitt Community College to students at North Carolina State University to Western Carolina University–may face criminal charges involving alcohol, drugs or possibly other offenses.

Many students may believe that an underage drinking offense is no big deal, but as this blog has discussed before, an alcohol offense can leave a permanent criminal record under North Carolina law.

When alcohol and cars are mixed, students can face tough charges for underage driving under the influence or driving while impaired allegations. North Carolina law allows for prosecutors to pursue an underage DUI charge based upon any amount of alcohol. DWI charges are also available based upon evidence of impairment or alcohol tests showing a 0.08 percent or more reading. Two athletes in Raleigh have faced DWI charges in the past seven weeks in North Carolina.

Law enforcement arrested North Carolina State University athlete Logan Winkles Saturday on suspicion of DWI Saturday. The 20-year-old football player was pulled over in the mid-afternoon. Police claim that he tested 0.12 percent BAC and has been charged with DWI and underage DUI after the traffic stop.

The football player’s arrest comes roughly seven weeks after a former reserve NCSU basketball player was charged with drinking and driving. Staats Battle was arrested New Years’ Day for drinking and driving. He reportedly is no longer enrolled at NCSU. Winkles is expected to face disciplinary proceedings at school based upon his recent DWI arrest. In addition to the issues at school, Winkles is scheduled to appear in court in Wake County in March on the criminal charges.

Source: Charlotte Observer, “N.C. State football player Logan Winkles charged with driving while impaired,” Joe Giglio, Feb. 19, 2013

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A North Carolina brewer hoped to sell three ounce “shooters” in grocery and convenience stores in the state. However, officials raised concerns over the product. The North Carolina Alcohol Beverage Control Commission grew wary of the malt beverage product, fearing that the shooters would encourage underage drinking.

Stout Brewing had proposed to sell the product dubbed Stout 21 in three ounce vials with a twist off top. The flavored high alcohol beverages would have come in a variety of flavors, including apple pie and margarita.

State officials say that the three ounce vials would contain as much alcohol as a normal can of beer, in a much smaller package. The ABC Commission denied the company’s request to market the shooters based upon a fear that teens would find the product attractive.

In addition to the high alcoholic concentration of the product, ABC officials say that teens would be drawn to the product because of its size and ease of concealment. The brewer says that the product would be marketed to people of legal age to drink in the 21- to 35-year age bracket. The state ABC Commission recently voted unanimously to reject the proposal.

North Carolina officials take underage drinking seriously. Followers of this blog may recognize that state authorities and local law enforcement agencies seek to enforce laws prohibiting underage drinking rather aggressively. North Carolina law even makes simple possession of a fake ID a crime, which is aimed at least in part to control underage possession and consumption of alcohol.

Students and teens who are under the age of 21 should be aware that a citation for an alcohol offense can have long term consequences. Because underage alcohol offenses are a crime, and North Carolina law brings charges against a person 16-years-old or more in adult court, paying a fine on an underage alcohol citation will create a criminal record for a teen. Parents and teens should consider seeking the advice of legal counsel when allegations of an underage alcohol offense arise.

Source: WRAL, “Plan for 3-ounce alcohol drink falls flat,” March 20, 2013

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College students attending East Carolina University or Pitt Community College may know someone who has used a fake identification at one point or another. However, many students may not be aware that simply possessing a fake ID is considered a crime under North Carolina law. Use of a fake ID, like possessing one, can not only lead to criminal charges, but a criminal record if a person is convicted of the charge.

Agents from the North Carolina Division of Alcohol Law Enforcement recently conducted a crackdown on underage drinking in another part of the state after a student attending Appalachian State died from an alcohol-related incident in September. The North Carolina Department of Public Safety released data this week from the recent underage drinking probe in the high country area.

ALE agents arrested 103 people on alcohol related offenses during the investigation. Some of the people arrested were charged with multiple offenses, as officials accuse the 103 people of 155 total charges. Authorities say that among the 155 charges filed against underage drinkers, more than 30 fake IDs that officials claim were purchased online were taken from people under the age of 21. Other people were found to be using actual IDs that authorities believe were borrowed from friends or acquaintances during the investigation. 

The recent Department of Public Safety announcement indicates that many of the arrests involved allegations of underage drinking or possession of alcohol. However, some people were charged with using a fake ID, or aiding and abetting underage consumption or possession of alcohol offenses.

Generally, a person need not necessarily be present at a party to face an alcohol-related offense under North Carolina law. While a recent news report does not indicate the details surrounding each of the arrests, a person may face aiding and abetting charges without even being present where underage drinking is alleged.

Source: WFMY News 2, “100+ Arrested In Underage Drinking Sting In Boone Area,” March 11, 2013

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A spokesperson for the North Carolina Division of Alcohol Law Enforcement says that after the party is over, an alleged underage drinker may not be free from being charged later for an alleged alcohol offense. The ALE special agent made the statement as officials announced charges brought after an alleged Johnston County, North Carolina party last month. A 21-year-old was charged for allegedly buying 60 beers that were given to underage drinkers.

ALE officials say that an 18-year-old high school student was killed in a crash involving a driver who had allegedly attended the party. Police charged the 17-year-old accused of driving a truck that rolled over February 16 with felony death by vehicle, DWI and underage DUI after the wreck.

Thursday, ALE officials announced charges against the 21-year-old and a 16-year-old who is accused of hosting the underage drinking party. Police opened a probe into the party after the car accident, searching for names of other alleged attendees at the party.

Based upon that investigation, ALE agents say that about a dozen people will be facing underage alcohol charges. Some of the teens are also accused of possessing marijuana at the party. The special agent said in announcing the charges that, “Kids should know that even though the police don’t show up at the party they can still be charged.”

Underage drinking charges in North Carolina can bring long-lasting consequences for a person convicted of the charges. For anyone over the age of 16, charges are filed in adult court. Signing a ticket and paying a fine to get it over with, or otherwise simply pleading guilty to a charge, creates a criminal record. For high school kids, that means background checks for future jobs, college, joining the military, or other life events may turn up a criminal record.

Source: The Smithfield Herald, “12 people face alcohol-related charges after wreck that killed a Johnston County teen,” Thomasi McDonald, March 6, 2013

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Law enforcement in Haywood County recently issued sixteen citations after discovering an alleged underage drinking party near Waynesville, North Carolina. An adult in the residence was also charged with 16 counts of providing alcohol and contributing to the delinquency of a minor related to the same investigation.

Many people might expect that noise, or some kind of public display, may to an investigation of an alleged underage drinking party. However, law enforcement says it was a cellphone call to 911 that led to the charges.

It does not appear that anyone called to report the party. Deputies claim that it was a pocket dial to 911 that alerted law enforcement to suspect the party was going on.

Details about the actual investigation are fairly sketchy in the media. Officials apparently only have publicly claimed that the alleged pocket dial led to the investigation. It is not clear how authorities were able to determine the source of the pocket dial, or if some other communication also occurred.

The adult charged with numerous offenses is reportedly the homeowner of the house where the alleged underage drinking party occurred. Police say that the 48-year-old was arrested at the home, but was sleeping when law enforcement found him in a back bedroom of the house, according to WGHP-TV.

Law enforcement says that two teens were treated for alcohol poisoning after law enforcement raided the party.

Underage alcohol offenses are commonly charged in North Carolina. This blog has reported a number of issues and stories regarding underage consumption, underage possession, fake IDs and underage drinking charges under North Carolina law.

Many college students, including those at ECU or Pitt Community College, may be given citations for alcohol offenses. As the charges can haunt a student later in life, it is important to consider consulting an underage drinking defense lawyer when confronted with alcohol allegations.

Source: WGHP My Fox 8 News, “Pocket dial 911 call leads deputies to NC underage drinking party,” Joe Borlik, Jan. 15, 2013

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Agents from Alcohol Law enforcement in North Carolina were dispatched to an abandoned house in September in New Hanover County. Sheriff’s officials had called on the division for assistance investigating an alleged underage drinking party at the abandoned home. Reports suggest that as many as 200 people had attended the soiree. Not all of the people were underage.

Police say that party-goers ranged I age from 16 to 55-years-old. Initially, deputies issued citations to 16 people for alleged underage drinking offenses at the September 22 party. Officials say that two kegs were hauled from the scene.

But the alleged underage party resulted in more than alleged alcohol offenses. Law enforcement asserts that two people were stabbed at the gathering. Both reportedly were treated and released from an area hospital.

The New Hanover County Sheriff’s Office says that four adults are now facing charges related to the alleged party. Officials say that more charges may come in the future. For now, four people have been charged with aiding and abetting offenses for their alleged roles in the event.

An 18-year-old Rocky Point, North Carolina teen has been charged with 16 counts of aiding and abetting an underage person.

In addition to the young teen, a 19-year-old Riegelwood resident, a 24-year-old from Rocky Point and a 39-year-old, also from Rocky Point North Carolina, all face 16 counts of aiding and abetting. Each of the three has also been charged with selling alcohol without a permit and license.

Authorities claim that cups of beer were sold at the abandoned house in Castle Hayne, North Carolina for a piece during the party in September.

Source: WECT-TV, “Four charged in alleged underage drinking party in Castle Hayne,” Nov. 15, 2012

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Students at East Carolina University and Pitt Community College are gearing up for another school year. Each year, students may have a brush with the law while pursuing their studies. In Wilmington, North Carolina, law enforcement is doing something that they reportedly have not tried before in an effort to stave-off potential complaints around the UNCW campus.

Law enforcement spent a Friday night at the beginning of the school year conducting what authorities are calling “knock and talks.” Police officers went door-to-door near the campus and talked to students about the law in North Carolina. Noise complaints and underage drinking are reportedly of major concern for the officers around the campus, and officials say that they hope the effort may reduce the number of complaints concerning alleged student offenses.

Police say that for those students over the age of 21, they would speak to the college kids about potential liability that the students could face if people under the age of 21 were to be found on the property. This blog has reported a variety of stories in the past regarding such potential criminal liability, ranging from providing alcohol to an underage person and aiding and abetting charges, and more.

Greenville criminal defense lawyers know that a criminal charge, including an alcohol-related offense, can make a mark on a student’s permanent criminal record. It is important for students, and other people, in North Carolina who are facing an alcohol or other criminal offense to consider speaking with legal counsel about what criminal defenses may be available in a specific situation.

Source: WECT-TV, “Police going door-to-door to cut down on crime in neighborhoods near UNCW,” Ashlea Kosikowski, Updated Aug. 28, 2012

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This blog has previously reported about some of the issues college students can face after being cited for a student offense, such as underage drinking. Alcohol or drug-related student offenses can land on a student’s permanent record, haunting the student in college, and beyond. Many agencies in North Carolina that are near a college campus look out for things, such as possession of a fake ID, as well as for evidence of potential underage alcohol offenses.

9 On Your Side News in Greenville recently reported that twice as many students at East Carolina University have been cited for underage drinking than those who faced such charges at this point last year. Law enforcement says that more than 80 ECU students have already been cited for underage drinking this semester.

But law enforcement apparently intends to up the ante. North Carolina Alcohol Law Enforcement Division officers are expected to crack down on underage alcohol offenses. This week marks the kickoff for ALE’s Back-to-School Operation, according to WNCT-TV.

ALE agents will especially be looking for underage drinkers in downtown clubs, according to an ALE Special Agent. He says that agents will be looking for people trying to get into clubs. He says that the enforcement efforts will also look at the clubs to make sure the establishments are adhering to state drinking laws.

ALE officials say that on average, they cite nearly 180 people for underage drinking each year during the first few weeks of school. The ALE, Back To School Operation reportedly runs through Saturday.

Source: WNCT 9 On Your Side, “ECU underage drinking citations have more than doubled this school year,” Katie Banks, Sep. 12, 2012

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Let’s start this post by being clear: It is not acceptable to drink if you are under 21 years old. We have laws in place regarding underage drinking and they must be respected.

But the way some people talk about it, it’s easy to see how Greeneville teenagers could think otherwise. So many people treat underage drinking like it’s nothing to worry about that, in many cases, it is not until the police show up at the house party or the dorm room that kids realize what they’ve been doing actually is wrong.

Take, for instance, South Carolina football coach Steve Spurrier. After his backup quarterback was arrested in North Carolina last month for underage drinking, he suspended him per team policy, but made it obvious he did not think underage drinking merited a suspension.

“You want him suspended for having a beer and he’s underage?” Spurrier told a newspaper reporter. “How many football players would be playing if they had a beer and they were underage?”

Now, what he is saying is true — underage drinking is extremely common on college campuses. That being said, that doesn’t mean it should be tolerated.

We all need to present a unified front for young people and be consistent with the message that they may drink alcohol when they turn 21, but not before. Right now, we’re presenting a patchwork quilt of opinions, admonishments and wink-wink , nudge-nudge statements: “It’s not okay to drink underage…. but everyone does it.” How are young people supposed to interpret that?

Remembering: we can punish the concept of underage drinking without vilifying the individual involved, and it is fair for young people to expect consistentcy and reliability from the people they look up to.

Source: Yahoo News, “Steve Spurrier isn’t a fan of suspensions for underage drinking,” Graham Watson, Aug. 7, 2012

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