Underage Drinking in NJ: Penalties, Parent Liability, and What to Do Next

Prom season, graduation, and summer weekends down the shore – these are milestones that mark the end of one chapter and the beginning of another for many New Jersey teens. But when alcohol gets involved, even a small misstep can lead to serious legal trouble.

Underage drinking in NJ is more common than many parents realize, especially during this time of year. A single charge can carry lasting consequences for teens and leave families feeling overwhelmed about what to do next – particularly when potential parent liability is part of the equation.

At Aydelotte Law, LLC, Camden juvenile criminal lawyer Nancianne Aydelotte, Esq. regularly helps families navigate these situations. Whether your teen is already facing charges or you’re trying to understand the risks before something happens, this guide breaks down the law, how underage drinking offenses often occur, and how you can respond in a way that protects your child’s future.

What Do Underage Drinking Charges in New Jersey Actually Involve?

In New Jersey, the law is strict: anyone under the age of 21 is prohibited from purchasing, possessing, or consuming alcohol. Unlike some other states, New Jersey does not allow exceptions for drinking at home with parental supervision – enforcing a zero-tolerance policy, in both public and private settings.

Even if your teen isn’t drinking but is found holding an alcoholic beverage at a party, that can still result in charges. The law is focused on access and possession, not just intoxication.

Common Ways Teens Get Caught with Alcohol in South Jersey

Underage drinking charges in New Jersey often stem from situations that seem harmless at first glance. Many teens don’t set out to break the law – they’re often swept into everyday social situations where alcohol is present without fully realizing the legal risks. Here are some of the most common ways these charges arise:

1. House Parties – Even with Adult Supervision

Police don’t need to witness drinking firsthand to issue citations. If alcohol is accessible at a party with underage guests (even in a private home) everyone involved could face consequences. This is especially true during high-enforcement seasons like prom and graduation, when many towns increase patrols and community policing efforts.

2. Beach Gatherings and Shore Hangouts

Popular destinations like Wildwood, Ocean City, and Atlantic City have strict open container and public drinking laws. Teens may not realize that just holding a beverage in these public spaces can lead to an underage possession charge, even if it’s unopened.

3. Traffic Stops with Alcohol in the Vehicle

When officers stop a vehicle carrying teens and find alcohol inside – whether it’s opened or sealed – all underage passengers can be cited. In New Jersey, simply being near alcohol may be enough to trigger a possession charge under the law.

4. Use of Fake Identification

Trying to buy alcohol with a fake ID can bring more trouble than many teens expect. In addition to underage drinking charges in New Jersey, they could also face criminal charges for document fraud, misrepresentation, or tampering with a government record.

5. Summer Rentals and Shore House Gatherings

Rental homes are a summer tradition at the Jersey Shore – but they’re also closely monitored. If law enforcement is called for noise, trespassing, or other complaints and finds alcohol on the property, any underage occupants may be charged, even if they weren’t actively drinking.

What Are the Penalties for Underage Drinking in New Jersey?

A conviction for underage alcohol possession isn’t just a slap on the wrist. It can carry real and lasting consequences:

• Fines up to $1,000.
• Six-month license suspension or delay, even for teens who don’t yet drive
• Court-ordered community service
• Mandatory alcohol education or treatment programs
• A criminal record that may show up on background checks

Beyond the court system, this kind of record can affect:

• College admissions, scholarships, and financial aid
• Internships and job applications
• Athletic or extracurricular eligibility

Even one mistake can follow your child into adulthood – that’s why early intervention matters.

Can Parents Be Held Legally Responsible?

In some cases, yes. New Jersey’s “social host liability” law allows prosecutors to charge adults who knowingly allow underage drinking in their homes.

That means even if you think you’re offering a safer environment, you could still face legal consequences. What to keep in mind:

• Your presence during a teen gathering does not shield you from liability.
• Allowing your child to host an event involving alcohol can expose you to charges.
• If something goes wrong – like an injury or alcohol poisoning – liability could increase.

The best protection? Setting clear boundaries around alcohol and being proactive about your child’s plans.

What Should You Do If Your Teen Faces Underage Drinking Charges in New Jersey?

Don’t panic – but don’t underestimate the seriousness of the situation. Many well-intentioned parents believe that simply explaining the circumstances to the police or court will resolve things quickly. Unfortunately, underage drinking charges in New Jersey are handled through a formal legal process, and these cases rarely go away on explanation alone.

Here’s what to do next:

• Don’t let your child talk to law enforcement without legal guidance. Even truthful answers can be taken out of context.
• Avoid the urge to plead guilty to move on. A guilty plea could mean a criminal record that impacts your child for years.
• Contact a defense attorney right away. Quick action can make a major difference in the available legal options.

How a South Jersey Defense Attorney Can Help

At Aydelotte Law, LLC, we understand that these cases aren’t just legal matters – they’re personal. We work with families across South Jersey to help teens move forward without a permanent stain on their record.

Depending on the details of your case, we may be able to:

• Pursue a diversion program or conditional dismissal.
• Reduce the charges or keep them off the record entirely.
• Guide you through expungement options down the line, if needed.

Every situation is different – but having a legal advocate who knows how these cases are handled in New Jersey’s courts can help your family breathe easier.

Protect Your Child’s Future with Aydelotte Law, LLC

When your child is facing underage drinking charges in New Jersey, the right support can make all the difference. We help families throughout Camden, Burlington, Gloucester, Cumberland, Salem, Atlantic, and Cape May Counties – including Mount Holly, Cherry Hill, Evesham Township, Bordentown, and beyond.

At Aydelotte Law, LLC, we’re here to answer your questions and help you move forward with clarity and confidence.

Contact us to schedule a confidential consultation today.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Aydelotte Law, LLC or any of its attorneys. Every legal situation is unique. If you have questions about your rights or need legal representation, please contact our office directly to schedule a confidential consultation.