Underage Adults’ Possession of Alcohol

We help protect the rights of young adults

(770) 771-5097



Marietta defense lawyers protecting the rights of young adults

The legal drinking age in Georgia is 21 years old. At the age of 18, you have become an adult with exciting new rights to vote, enter into a contract and join the military — but not to drink alcoholic beverages. Our lawyers at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have more than 80 years of combined experience representing underage adults in possession of alcohol cases, possession of marijuana charges and DUI arrests. We aggressively fight your charges and protect your constitutional rights in all types of drug and alcohol-related cases.

Possession of alcohol laws in Georgia

At Atlanta’s and Marietta’s local colleges and universities, students deserve breaks from their challenging studies to enjoy the traditions of ballgames, parties and clubs. College adults under 21 years of age are prohibited from drinking at these social events, often as their older friends indulge. In this free-spirited atmosphere, many young adults find themselves unexpectedly caught up in the criminal justice system, having violated Georgia underage drinking laws. The experience can be traumatic for the many law-abiding, responsible young adults arrested or cited for alcohol-related crimes. We are discreet and direct as we guide you through the legal process.

DUI if under 21 in Georgia

Georgia DUI laws set different criteria for drivers who are under the age of 21. Drivers who are of legal drinking age are presumed to be intoxicated if they register a blood alcohol content (BAC) of 0.08 or higher on the Breathalyzer® test, whereas intoxication is presumed if underage drivers blow a 0.02 BAC or higher. Drivers of all ages can still be prosecuted for drunk driving even if they refused to take the Breathalyzer test — conducted on the Intoxilyzer 5000® machine.

Penalties for DUI conviction

If you are convicted of a DUI and are under 21 in Georgia, you face the same harsh penalties as legal-age drinkers — including incarceration, probation, fines, community service hours, attendance at a Drug and Alcohol Risk Reduction School, and suspension or revocation of your driver’s license. You also risk having a DUI conviction on your permanent criminal record.

As former prosecutors, our DUI defense attorneys have extensive experience analyzing and presenting information about the Intoxilyzer 5000 results, field sobriety tests, police reports and other types of DUI evidence. We draw on our knowledge and trial skills to challenge the zero tolerance laws that place a heavier burden on you than on older adults. Depending on the facts of your case, we may pursue acquittal at trial or negotiate for a reduced sentence or a lesser careless driving charge.

Learn more about Georgia underage drinking laws from our Marietta attorneys. Contact us today.


278 North Marietta Pkwy NE
Marietta, GA 30060
Phone: (770) 771-5097

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(770) 771-5097


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