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Underage Possession of Alcohol

A favorite target for police officers in Athens, Georgia are persons under the age of 21 in possession of an alcoholic beverage. In Georgia “in possession of” includes consuming or being under the influence of alcohol. Anyone charged with Underage Possession of Alcohol will be arrested for a criminal offense with criminal punishments on their criminal record.

Officers also target college students at sporting events, especially tailgating parties outside football games. University students cited for this criminal offense also fact possible sanctions from their school which can lead to disciplinary action. Important: Although this is a criminal offense with serious criminal penalties, important defenses exist that can result in the charges being completely dismissed by the court or dropped by the prosecutor. No young person should walk into court to resolve the case without first meeting with an experienced criminal defense attorney to discuss the best way to resolve the case.

In many of these cases, the police target college students between the age of 18 and 21. Although drinking by anyone under the age of 21 is illegal and potentially dangerous, the effects of a criminal prosecution can be severe particularly to a young person pursuing an education and career opportunities. Although the consequences can be serious, Georgia law also provides for important protections that can lead to the outright dismissal of charges by the court or the charges being dropped by the prosecutor.

Possible defenses include:

  • exclusion of all evidence and dismissal of the charges when the arresting officer illegally detains and interrogates the young person about the possession or consumption of the alcoholic beverage;
  • exclusion or suppression of evidence when the officer arrests the young person without "probable cause" to support the arrest;
  • exclusion of statements when the officer fails to read the young person Miranda warnings; or
  • dismissal of the charges when insufficent evidence exists to support a criminal prosecution. 

At the McArthur & McArthur, our lawyers defend UGA and other college students charged with Underage Possession of Alcohol in Athens, Georgia. Speak to one of our criminal defense attorneys today by calling 706-363-0523.