What happens if you’re arrested for underage drinking at a college party?

College students drinking alcohol at a dorm party, a common situation that can lead to an underage drinking arrest.

College parties are a staple of campus life, especially when the semester begins in New Jersey. But when alcohol is involved, underage students may find themselves facing criminal charges. Getting caught with a beer at a fraternity house or a red cup at a tailgate might seem minor, but the legal system does not treat it lightly. Many students and parents ask: What happens if you’re arrested for underage drinking at a college party?

The answer is that the consequences can be much more serious than most people realize. Criminal charges, school discipline, and long-term impacts on scholarships and careers may follow.

New Jersey’s Underage Drinking Laws

In New Jersey, the legal drinking age is 21. It is illegal for anyone under 21 to:

Purchase alcohol
Possess alcohol in public
Consume alcohol in public places, including parties and tailgates

The law applies not only to students holding cans or bottles, but also to those showing signs of intoxication. Even if you didn’t purchase the drink yourself, possession or consumption can still result in charges.

Criminal Penalties for Underage Drinking

If you’re arrested for underage drinking at a college party in New Jersey, you may face:

Fines up to $500
Driver’s license suspension or postponement, even if you were not driving at the time
Mandatory alcohol education or treatment programs
Up to 180 days in jail

A conviction creates a criminal record, which can surface in background checks for jobs, internships, and professional licensing.

Related Charges You May Face

Underage drinking arrests often come with other charges, depending on the circumstances:

Fake ID charges if you used fraudulent identification to buy alcohol or enter a bar.
Public intoxication if you were visibly impaired in a public setting.
Disorderly conduct if your behavior disrupted the peace at a party.
Providing alcohol to minors if you were caught distributing drinks to younger students.
Driving under the influence (DUI) if you got behind the wheel after drinking.

Each of these charges can compound the penalties and create additional legal challenges.

School Disciplinary Consequences

New Jersey colleges and universities typically enforce strict codes of conduct. Even if charges are resolved in court, schools may impose their own sanctions, such as:

Suspension or expulsion
Loss of campus housing privileges
Removal from athletic teams or student organizations
Revocation of scholarships or financial aid

Campus disciplinary boards often apply a lower burden of proof than courts, meaning students may face consequences even without a conviction.

Why College Parties Increase the Risk

College parties, especially early in the semester, are heavily monitored. Local police often patrol around campus neighborhoods, and resident advisors or university staff may call in reports of noise and underage drinking. In addition, social media often provides evidence, with photos or videos showing students holding drinks.

Because enforcement is strict, many first-year students and returning undergraduates are caught off guard by how quickly a casual party can lead to legal trouble.

Long-Term Impact of an Underage Drinking Arrest

Beyond immediate fines and penalties, an underage drinking arrest can leave lasting consequences:

Background checks: Even minor convictions can appear when applying for jobs, internships, or graduate school.
Professional licensing: Careers in teaching, nursing, law, and finance often require clean records.
Immigration status: International students may face visa issues or immigration consequences.
Financial aid: Arrests or convictions can sometimes affect eligibility for certain types of aid.

For students building their futures, these risks are significant.

Defenses Against Underage Drinking Charges

Not every arrest results in a conviction. Possible defenses may include:

Lack of possession: You were present but not holding or consuming alcohol.
Unlawful search or seizure: Police lacked proper authority to enter or detain.
Insufficient evidence: Prosecutors cannot prove you consumed or possessed alcohol.
Mistaken identity: In chaotic party settings, officers may misidentify individuals.

An attorney can review the circumstances and determine the best defense strategy.

Alternative Resolutions

First-time offenders may have options beyond conviction. In New Jersey, courts may offer:

Diversion programs allowing charges to be dismissed after completing requirements.
Expungement opportunities after a waiting period, clearing records from public view.

These options can minimize long-term harm while still holding students accountable. However, please note that underage DUI charges cannot be expunged, as they are considered a traffic offense in New Jersey, not a criminal one.

What To Do If You’re Arrested

If you are arrested for underage drinking at a college party, the steps you take next are critical:

Remain calm and comply with police instructions.
Do not admit guilt or make statements without legal counsel.
Contact an attorney immediately to protect your rights.
Inform your parents or guardians if you rely on them for support.
Avoid posting about the incident on social media.

A criminal defense attorney can intervene early, negotiate with prosecutors, and represent you in both criminal and school disciplinary proceedings.

Why Legal Help Matters

Many students think underage drinking charges are no big deal, but the legal and academic consequences can be life-changing. Schools, courts, and future employers all take these cases seriously. Without experienced representation, students risk losing opportunities that shape their entire future.

An attorney can:

Challenge weak evidence
Pursue diversionary programs
Protect academic and career goals
Seek expungement when eligible
Advocate for reduced penalties or dismissal

Was Your Teen Arrested for Underage Drinking in New Jersey? Call Team Law for Aggressive Criminal Defense

If you or your child has been arrested for underage drinking at a college party in New Jersey, don’t face it alone. At Team Law, we have decades of experience defending students against underage drinking charges, fake ID cases, and related offenses.

We understand the pressures of college life and the unique consequences these cases carry. Our criminal defense attorneys are committed to protecting your future, fighting for your rights, and helping you move forward with confidence.

Call us today at 732-896-2560 or fill out our online contact form for a free, confidential consultation. With offices across New Jersey, Team Law is here to provide the strong, compassionate defense you need.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.