Is Underage Drinking a Crime or Civil Offense in Maryland?

 Posted on August 11, 2026 in Juvenile Crimes

Underage drinking in Maryland is generally a civil offense rather than a criminal offense when the alleged violation involves possessing or consuming alcohol while under 21. However, other conduct connected with underage drinking, such as impaired driving or certain offenses involving providing alcohol to minors, can result in criminal charges.

If your child is facing an underage drinking citation or related charge in 2026, our Silver Spring, MD underage drinking defense lawyers can help you understand what type of case they are facing and what options are available.

Is Underage Drinking Ever a Criminal Offense in Maryland?

Under Maryland Criminal Law Article Section 10-114, an individual under 21 generally may not possess, control, or consume an alcoholic beverage. However, a violation of this law is classified as a civil offense rather than a criminal offense. Maryland law also provides that a finding that someone committed this type of Code violation is not a criminal conviction.

That does not mean alcohol-related conduct can never lead to criminal charges. Separate offenses may apply when underage drinking is connected with conduct such as impaired driving or other violations of Maryland law.

Penalties for Underage Possession of Alcohol

A violation of Section 10-114 can result in a citation and court proceedings. For these Code violations, Maryland law generally allows a fine of up to $500 (for a first offense). A person under 18 is handled under the procedures and dispositions of Maryland's juvenile justice laws rather than the adult District Court procedure.

What Are the Penalties for Providing Alcohol to a Minor in Maryland?

Under Maryland Criminal Law Article Section 10-117, adults generally can't knowingly give alcohol to anyone under 21. They also can't knowingly let someone under 21 drink or possess alcohol in a home they own or rent and live in.

However, there are some exceptions. Immediate family members can share alcohol at the adult's private residence, and there's also an exception for religious ceremonies.

Breaking this law can lead to significant fines. The penalties get much more serious under Section 10-117(d) if the adult knew, or should have known, the minor would drive after drinking, and that drinking leads to a crash causing serious injury or death.

What Happens if Underage Drinking Leads to a DUI Charge?

Maryland has a special alcohol rule just for drivers under 21. Under Maryland Transportation Article Section 16-113, a driver under 21 can't drive with any alcohol in their system. If a test shows a blood alcohol level of 0.02 or higher, this counts as proof that the rule was broken.

This rule is different from Maryland's regular DUI and DWI laws. Depending on how impaired the driver was and the other facts of the case, an underage driver could also face a DUI or DWI charge. Breaking this under-21 alcohol rule can also lead to consequences for the driver's license.

What Should Parents Do if Their Child Is Charged With Underage Drinking?

If you’re nervous about your child facing an underage drinking infraction, you’re not alone. Helpful steps parents can take include:

• Avoiding immediate discussions with police without an attorney present
• Gathering any information about the circumstances of the arrest or citation
• Contacting a defense attorney as soon as possible after the charge
• Discussing the situation openly and calmly with your child
• Exploring what options may be available to resolve the citation or juvenile case favorably

Taking these steps early can help protect your child's future while still addressing the seriousness of the situation.

Call Our Montgomery County, MD Juvenile Defense Attorney for a Free Consultation

At The Law Offices of Gerstenfield & Demirji, PC., we approach every underage drinking case with warmth and compassion. We understand that these situations often involve good kids who made a mistake rather than habitual offenders. We've built strong relationships with local prosecutors over the years, which often allows us to negotiate favorable outcomes, while still being ready to advocate aggressively when a case calls for it.

Contact The Law Offices of Gerstenfield & Demirji, PC. at 301-589-9500 to talk to our Silver Spring, MD underage drinking defense lawyers today. We’re available 24/7.

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