Alcohol Information & Laws Affecting Students

The laws as they relate to alcohol use changed several years ago so that it is always a criminal violation for anyone under the age of 21 to purchase or to possess alcohol with very few exceptions. It is now a misdemeanor violation, which results in a criminal record for the rest of your life. Having convictions for underage alcohol possession can have some serious repercussions as it relates to job opportunities and higher education opportunities. Below is a detailed summary of the different alcohol statutes that most affect our students. Please call our office if you have been charged with any alcohol offense. Just paying off the ticket means you are pleading guilty to the offense and will have an automatic criminal record. These violations are never minor.

Ordinance Violations

The state Legislature has allowed cities to create their own body of law as it relates to activities within their city limits. Please beware, that despite what anyone may tell you at the courthouse or any law enforcement agencies, paying off these violations will result in a misdemeanor conviction. Raleigh City Code RCC 14-1005 indicates that an ordinance violation is a misdemeanor and NCGS 14-4 indicates that ordinance violations are misdemeanors.

• Raleigh City Code (RCC)
  3-28-2005
• North Carolina General Statute (NCGS)
  3-3-2005
• NCGS-Enforcement of Ordinances
  3-3-2005

Nuisance/Noise/Brent Road violations - see information under separate heading on website.

Alcohol/Fake ID Offenses - Draft

Alcoholic Beverages: containing at least .5% alcohol by volume i.e. malt beverages, fortified and unfortified wine, spirituous liquor and mixed beverages

• Malt Beverages - beer, lager, ale, malt liquor, etc., .5% - 6% alcohol by volume.
• Fortified Wine - Beverage by fermentation of fruits of not more than 24% alcohol by volume.
• Unfortified Wine - Wine with alcohol content produced only by natural fermentation or by the addition of pure, cane, beet or dextrose sugar. i.e. wine cooler
• Spirituous Liquor - Distilled spirits or ethyl alcohol. i.e. whiskey, rum, brandy, gin, cordials etc.
• Mixed Drink - Drink composed in part of spirituous liquor. i.e. premixed cocktail

Purchase and Possession (NCGS ~18B-302):

• Sell or give - It shall be unlawful for a person less than twenty-one (21) years old to sell or give alcohol to anyone less than 21. i.e. handing a beer to a friend under 21 at a party or asking them to carry the alcohol upstairs to your room. A violation of this statute by a person who is less than Twenty-one (21) years old is a class 1 misdemeanor, which results in a criminal record upon conviction. That can result in a fine up to $250.00 and 25 hours of community service for a first offense. A second offense within four years can be fined up to $500.00 and be ordered to do up to 150 hours of community service. Doing a diversionary program under the NCGS 90-96 Program, if eligible, will result in no criminal conviction or record. See 90-96-Alcohol Program .
• ***Purchase or *Possession - It shall be unlawful for a person less than twenty-one (21) years of age to purchase, to attempt to purchase, or to *possess alcohol. A violation of this statute is a class 3 misdemeanor if they are 19 or 20 and it is a malt beverage or unfortified wine and a class 1 or 2 misdemeanor if they are 18 or younger or if it deals with fortified wine, spirituous liquor or mixed beverages any age under 21, which results in a criminal record upon conviction. If you use a Fake ID to purchase or to attempt to purchase, as defined by the statute, you could have your driver's license suspended as explained below.
• ***Aider and Abettor - It is unlawful for anyone under 21 to provide alcohol to another underage person (class 2 misdemeanor) or for anyone 21 or older to provide (purchase, sell or give) alcohol to an underage person (class 1 misdemeanor). (i.e. give money to or take money from to buy alcohol for an underage person or to just give it to an underage person.)

If you are 21 or older and you aid and abet an underage person, you can be fined up to $500.00 for the first offense and be ordered to do 25 hours of community service and for a second offense within four years, you can be fined up to $1000.00 and ordered to do up to 150 hours of community. Again, doing a diversionary program under the NCGS 90-96 Program, if eligible, will result in no criminal conviction or record. See 90-96-Alcohol Program.

• 18B-302. Sale to or purchase by underage persons
  3-3-2005
• 18B-302.1. Penalties for certain offenses related to underage persons
  3-3-2005
  

Penalties

Fraudulent Identification (NCGS ~18B-302) **:

• ***It shall be unlawful for any person to enter or attempt to enter a place (i.e. Bars, Clubs, etc.) where alcoholic beverages are sold or consumed or to obtain or attempt to obtain alcoholic beverages or obtain or attempt to obtain permission to purchase alcoholic beverages by using or attempting to use any of the following:
  1. A fraudulent or altered driver's license: or
  2. A fraudulent or altered identification document other than a driver's license: or
  3. A driver's license issued to another person: or
  4. An identification document other than a driver's license issued to another person.
  5. Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages.
• ***It shall unlawful for any person to permit the use of his driver's license or any other
  identification document of any kind by any person less than twenty-one (21) years of age for
  use to purchase, attempting to purchase, or possessing malt beverages, unfortified wine, fortified wine, spirituous liquor, or mixed beverages.

*Possession can be constructive i.e. nearby, within reach, in the refrigerator, back seat of a car, trunk,

**A violation of (2)(A) & (B) can also subject you to conviction of the Uniform Driver's License Act NCGS. ~20-30, 20-31 (see below), in addition to the alcohol statutes.

***If the violation of Fraudulent Use of Identification or Allowing the Use of Identification (2)(A &B) as outlined above, of Aiding and Abetting (1)(C) as outlined above, or being less than twenty-one (21) years of age and purchasing, attempting to purchase, or possessing alcohol (1)(B) while attempting to purchase alcohol then the court is required to file a conviction report with the Division of Motor Vehicles. Upon receipt of the conviction report, the DMV shall revoke the person's driver's license for one year. No limited driving privilege is available for this offense.

• 18B-302. Sale to or purchase by underage persons
  3-3-2005

Violations of license or learner's permit provisions (NCGS ~ 20-30):

It shall be unlawful for any person to commit any of the following acts:

• To display or cause to be displayed or to have in possession a driver's license or learner's permit, knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.
• To counterfeit, sell, lend to, or knowingly permit the use of, by one not ntitled thereto, a driver's license or learner's permit.
• To display or to represent as one's own, a license or learner's permit not issued to the person so displaying same.
• To fail or refuse to surrender to the Division upon demand any driver's license or learner's permit that has been suspended, canceled or revoked as provided by law.
• To use a false or fictitious name or give a false or fictitious address in any application for a driver's license or learner's permit, or any renewal or duplicate thereof, or knowingly to make a false statement or knowingly conceal a material fact or otherwise commit fraud in any such application, or for any person to procure, or knowingly permit or allow another to commit any of the foregoing acts.
• To make a color photocopy or otherwise reproduction of a driver's license, learner's permit or special identification card which has been color photocopied or otherwise reproduced in color, unless statutorily authorized.
• To sell or offer to sell any of the above unless statutorily authorized.
• To possess more than one commercial license or to possess a commercial license and a regular driver's license.
• To present, to display or use a driver's license or learner's permit that contains a false or fictious name in the commission or the attempted commission of any felony. To make a false affidavit or knowingly swear or affirm falsely (Class I felony).
  
• 20-30. Violations of license or learner's permit provisions
  03-03-2005
• 20-31. Making false affidavits perjury
  03-03-2005

Selling alcohol -An ABC permit is always required to sell alcohol. You cannot charge any amount of money at a party that served alcohol, either before or at the party. i.e. not even for a band, food etc. It will be considered to be selling the alcohol.

• 18B-304. Sale and possession for sale
  03-03-2005

Open Container (NCGS 18B-401) and (NCSG 20-138.7):

18B-401 - It is a misdemeanor to transport fortified wine or spirituous liquor in the passenger area of vehicle in other than the manufacturer's unopened original container. It is also a misdemeanor for a person who is driving a motor vehicle on the highway or public vehicular area to consume in the passenger area of that vehicle any malt beverage or unfortified wine. (class 3 misdemeanor). The amount you transport can only be the amount you can legally purchase without a permit.

The passenger area is the area designated to seat the driver and passenger and anywhere within reach of the seated driver or passenger, including the glove compartment. The trunk is not normally considered to be within the passenger area.

If the seal of the container has been broken then the container is deemed open.

• 18B-401. Manner of transportation
  03-03-2005

20-138.7 - It is a violation to drive a vehicle while there is an alcoholic beverage in the passenger area in other than the unopened manufacturer's unopened original container; and

• while the driver is consuming or while alcohol remains in the driver's body.
• also no person shall possess an alcoholic beverage other than the unopened manufacturer's unopened original container or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or right of way of the highway.
• The officer must do more than merely smell the odor of alcohol for a violation unless the driver refuses the alcohol screening test or chemical analysis.
  
• 20-138.7. (Effective until September 30, 2006) Transporting an open container of alcoholic beverage
  03-03-2005
  

Public Consumption

It is unlawful for any person to consume alcohol or to offer such beverages to another.... on any public road, street, highway or sidewalk (includes the grassy area between the street and the sidewalk) or on the premises of an establishment not licensed for open containers (i.e. Fast Fare, Convenience store parking lots etc.).

• 18B-300. Purchase, possession and consumption of malt beverages and unfortified wine.
  03-03-2005

Consumption and Possession of Alcoholic Beverages on City Property or Public Vehicular Areas

It is unlawful for any pedestrian to consume malt beverages or unfortified wine on any city street and it shall be unlawful for any person to possess an open container of malt beverages or unfortified wine on any property owned, occupied, or controlled by the city. It shall also be unlawful to possess malt beverages and unfortified wine on any street, alley or parking lot which is temporarily closed to regular traffic for a special event unless the resolution of the City Council closing the street, alley, or parking lot makes other provisions... Raleigh City Code 12-4001.

• http://library8.municode.com/gateway.dll/NC/north%20carolina/
  1369?f=templates&fn=default.htm&npusername=10312&nppassword=
  MCC&npac_credentialspresent=true&vid=default (LINK IS BROKEN)

Raleigh City Code (RCC) 03-28-05

Dram Shop Act (NCGS 18B-120 & 121)

Compensation for injuries caused by negligent sales of alcohol to underage persons. Injuries must have been the proximate cause of the underage driver's negligent operation of a vehicle while impaired. i.e. Businesses-Bars, Restaurants, Grocery stores

• 18B-121. Claim for relief created for sale to underage person
  03-03-2005

Social Host Liability

Providing alcohol to someone who then negligently causes injury to another by way of a vehicle due to the alcohol. i.e. individual liability for private parties

Alcohol and Drug Diversionary programs

If you are charged with an alcohol related offense in Wake County, and you have no prior convictions, you may qualify for a diversionary program called Drug Action/90-96/Southlight, as long as you have not done the program before. If you successfully complete the program, the charge(s) against you will be dismissed and you can apply for an expungement of your record. See the website as it relates to diversionary programs and expungements.

University Policies

• NC State University Code of Conduct (BROKEN)
• NC State University Alcohol Policy
• NC State University Illegal Drug Policy
• NC State University Housing Alcohol Policy - students also cannot display alcoholic containers and collections
• NC State University Housing Drug Policy - zero tolerance for any drug violation with immediate eviction and loss of all money paid for housing that semester
• Housing agreement - zero tolerance for drug violations

This is general information about alcohol laws and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.