Picture of Michael Anzalone

Underage Possession of Alcohol

If your son or daughter is under the age of 21 and has been accused of possessing alcohol, you’ll need to seek legal help to make sure this charge doesn’t mar their future.

In New Hampshire, like the rest of the United States, it is illegal for someone who is under the legal age to possess alcohol. And if the person under the age of 21 is intoxicated, the state considers them to be over the legal limit to drive to be a blood alcohol content, or BAC, of 0.02 percent or higher.

If you have been arrested for underage alcohol possession or if your underage child has been arrested the first thing you should do is contact New Hampshire DWI/DUI lawyer Michael Anzalone. He can advise you of the best way to face these allegations.

What Does This Charge Mean?

If anyone under the age of 21 is caught with alcohol, they will be charged with a violation and they’ll face a fine $300 or more if the circumstances allow. If you are caught a second time, you’ll face a harsher penalty of at least $600.

The law, according to New Hampshire statute RSA 179:10-a, is clear it is illegal for a minor to purchase or even to possess alcohol with the intent of buying it. In fact, the law firmly states that the mandatory minimum fines can’t be waived for this offense and that the judge upon his or her discretion impose additional penalities.

This is why you’ll want to consult with a DWI attorney. You want the best possible outcome for your child and lawyer Michael Anzalone will work with you, making your case a priority.

The statute is quite inclusive. It also says that says that licensed businesses can’t allow an entertainer who is under the age of 21 to perform in an area that serves alcoholic beverages. And a business owner is to make sure that people under the legal age don’t consume alcohol while on their premises.

Business, such as restaurants and bars, are also prohibited from allowing employees under the age of 18 to sell, server or in any way, handle alcoholic beverages. An “off licensee,” which is a business that sells alcohol so it can be consumed at another location, is able to hire minors at least 15 years old to deliver alcohol that’s in its original container to specific places. These include to customers parked inside the premises of the business, to the purchaser’s car parked in the licensee’s parking lot.

The law also lets minors who are at least 16 years of age work as a cashier at an off-liscensee business as long as he or she works under the supervision of an employee who is in charge of the business.

And it pretty much goes without saying that it’s illegal for anyone to misrepresent their age when trying to purchase alcohol.

The bottom line is this. If you are under 21 years of age, it’s illegal for you to purchase or possess alcohol in New Hampshire. But if you have been arrested, make sure you hire an attorney experienced in DWI cases, such as Michael Anzalone.

Fill out our online form and someone from The Anzalone Law Firm in Nashua, New Hampshire, will be in touch to set up a free consultation.

Client Reviews
Great lawyer...Professional, organized, caring and effective. Michael is very informative and was always willing to explain the reasons behind what was being done. Can't say enough about how helpful he was every step of the way. It was really nice to feel like I actually understood what was going on with my case. Catherine Veilleux