Underage Drinking

If your child has been charged with underage drinking in Massachusetts, you’re probably feeling worried, confused, and unsure of what comes next. At the Law Office of Patrick J. Murphy, we understand how a single mistake—or even a misunderstanding—can have outsized consequences for a young person’s future. As a Boston underage drinking lawyer, Attorney Murphy works with families to protect their child’s record, challenge questionable evidence, and seek outcomes that support growth rather than punishment.

What Is Considered Underage Drinking in Massachusetts?

Under Massachusetts General Laws Chapter 138, Section 34C, it is illegal for anyone under 21 to knowingly possess, transport, or consume alcohol. This includes:

  • Drinking alcohol at a party
  • Possessing alcohol in a vehicle or backpack
  • Using a fake ID to purchase alcohol
  • Being under the influence in public

Even if your child didn’t drink, simply possessing alcohol may still lead to charges. These offenses are typically handled in Juvenile Court, but they still carry serious risks if not addressed properly.

Common Consequences of an Underage Drinking Charge

Although underage drinking is usually a misdemeanor, the legal and personal consequences can be long-lasting. Depending on the facts of the case, your child could face:

  • Fines and mandatory alcohol education
  • Loss of driver’s license (up to 90 days)
  • Community service or probation
  • Permanent record of delinquency or criminal conviction (for those over 18)

In some cases, schools, athletic programs, or college admissions offices may impose additional penalties that have nothing to do with the legal system.

Defenses to Underage Drinking Charges

Just because a minor is caught near alcohol doesn’t mean the Commonwealth can prove a crime. A Boston underage drinking lawyer can evaluate the evidence and raise defenses such as:

  • Lack of possession: The alcohol belonged to someone else.
  • No intent to consume: The minor did not plan to drink or was unaware of the alcohol.
  • Unlawful search or seizure: If police violated your child’s rights during the stop or search, evidence may be suppressed.
  • Medical amnesty: Massachusetts law provides limited immunity for minors who seek medical help in alcohol-related emergencies.

Every case is different, and your child deserves a defense that takes their full story into account.

Underage drinking charges often arise alongside other offenses, especially when alcohol is involved in social or public settings. If your child is facing one of the following charges, it’s important to speak with a lawyer who can address the full scope of the case:

  • Possession of a Fake ID – Using a fraudulent identification to buy alcohol can lead to separate criminal charges and license consequences.
  • Minor in Possession of Alcohol – This charge may apply even if your child was not actively drinking at the time.
  • Operating Under the Influence (OUI) – If your child was behind the wheel after drinking, even with a very low blood alcohol content, they could face enhanced penalties due to zero-tolerance laws.
  • Disorderly Conduct – Alcohol-related behavior in public that is loud, disruptive, or aggressive may result in disorderly conduct charges.
  • Social Host Liability – Parents or older siblings who knowingly allow minors to drink on their property may face civil or criminal consequences under Massachusetts law.

These charges can quickly compound the seriousness of an underage drinking case. An experienced defense attorney can help protect your child from escalating legal trouble and unnecessary consequences.

Will This Go on My Child’s Record?

Juvenile court records are not the same as adult criminal records, but they are not always sealed automatically. A delinquency finding for underage drinking may still show up on background checks. If your child is 18 or older, the case is more likely to result in a permanent criminal record unless steps are taken to avoid it.

Attorney Murphy can advise you on options like pretrial diversion, continuance without a finding (CWOF), or sealing of juvenile records after the case is resolved.

Parents often think an underage drinking charge isn’t serious enough to hire a lawyer. But even a single alcohol offense can derail a student’s future. At the Law Office of Patrick J. Murphy, we take a proactive approach—negotiating with prosecutors, challenging weak cases, and protecting your child’s rights at every step. A tailored legal strategy can make the difference between a second chance and a lasting mistake.

Speak with a Boston Underage Drinking Lawyer Today

Your child deserves a chance to move forward without being defined by a single poor decision. Whether the charge involves alcohol at a party, fake ID use, or public intoxication, the Law Office of Patrick J. Murphy can help. With decades of experience as a Boston underage drinking lawyer, Attorney Murphy knows how to keep minor cases from becoming major problems. Call (617) 367-0450 today to get started.

Client Reviews

"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a...

- Rob, Avvo User

From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and...

- John, Avvo User

Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the...

- Chris, Avvo User

Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole...

- Avvo User

Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks...

- Avvo User

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 En Español

Fill out the contact form or call us at (617) 367-0450 to schedule your free consultation.

Leave Us a Message

We Accept the Following Credit Cards:

American Express LogoDiscover LogoMastercard LogoVisa Logo