Possession Of Alcohol Definition

• Effective as of June 30, 2009, New Hampshire defines possession of an alcoholic beverage as "any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage."
  
  

First Offense Fine

• The fine for a first offense of possessing alcohol under 21 years of age in New Hampshire is a minimum $250. Prior to June 30, 2009, the fine for a first offense was $300.
  
  

Second Offense Fine

• The fine for a second offense of possessing alcohol under age 21 in New Hampshire is a minimum $500. The fine prior to June 30, 2009 was a minimum of $600.
  
  

Judicial Discretionary Punishment

• Under New Hampshire law, a judge may implement additional penalties over and above monetary fines. These may include mandatory alcohol education classes, loss of driver's license and community service. The extent and length of these penalties are at the judge's discretion.
  
  

Controversy

• Since 2008, the number of underage violators challenging the requisite penalties levied against them has increased due to an increase in alcohol enforcement policies on New Hampshire campuses. Criminal defense lawyers have successfully argued that police officers coerce underage drinkers into taking sobriety tests without giving the alleged violator the right to deny the tests. Defense lawyers have also called into question the relevance of suspending a minor's driving privileges for a possession of alcohol charge.