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Underage Drinking and Fake ID Laws in New Jersey

How New Jersey law treats underage drinking and fake ids: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: A person under 21 who knowingly possesses or drinks alcohol (or cannabis) in a school, public place, public conveyance or motor vehicle gets a written warning for a first and second violation and a write-up with a referral to community services for a third or later violation; N.J.S. 2C:33-15; R.S. 33:1-81; N.J.S. 2C:21-2.1

Underage drinking and fake IDsA person under 21 who knowingly possesses or drinks alcohol (or cannabis) in a school, public place, public conveyance or motor vehicle gets a written warning for a first and second violation and a write-up with a referral to community services for a third or later violation; parents of under-18s are notified. Under the alcohol law, an underage person entering a licensed premises to buy alcohol, drinking there, or buying or trying to buy alcohol, and anyone misrepresenting age to get alcohol, is a disorderly person with a fine of at least $500. Displaying a fake driver's license or other government ID is a crime of the third degree and possessing one a crime of the fourth degree (using another person's information only to buy alcohol is excluded), and a conviction forfeits driving privileges for six months to two years.
Purchase/misrepresenting age: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=33%3A1-81&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+33%3A1-81%5D33%3A1-81+underage+purchase&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; false documents: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-2.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-2.1%5D2C%3A21-2.1+false+document&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu

More New Jersey criminal law

FAQ

What happens if you are caught drinking under 21 in New Jersey?
A person under 21 who knowingly possesses or drinks alcohol (or cannabis) in a school, public place, public conveyance or motor vehicle gets a written warning for a first and second violation and a write-up with a referral to community services for a third or later violation; parents of under-18s are notified. Under the alcohol law, an underage person entering a licensed premises to buy alcohol, drinking there, or buying or trying to buy alcohol, and anyone misrepresenting age to get alcohol, is a disorderly person with a fine of at least $500. Displaying a fake driver's license or other government ID is a crime of the third degree and possessing one a crime of the fourth degree (using another person's information only to buy alcohol is excluded), and a conviction forfeits driving privileges for six months to two years.
Can I get a court-appointed lawyer for underage drinking and fake ids in New Jersey?
New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1
How much does a lawyer for underage drinking and fake ids cost in New Jersey?
Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for underage drinking and fake ids in New Jersey?
How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.
Can a conviction for underage drinking and fake ids be removed from my record in New Jersey?
Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.