What Are the Penalties for First-Time Underage Drinking in Utah?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My issue is underage drinking. What is the average punishment for first-time offenders, and what does a plea of obedience entail?
Attorney Answer
In Utah, a first-time underage drinking charge, sometimes called minor in possession, is typically charged as a class B misdemeanor under Utah Code § 32B-4-409, which covers purchasing, attempting to purchase, possessing, or consuming alcohol as a minor. A class B misdemeanor in Utah can carry up to six months in jail and a fine up to $1,000, but first-time offenders very rarely receive anything close to the maximum. Common outcomes for a first offense often include a fine, court costs, an alcohol education class, community service, and probation. One thing that surprises many people is that a minor in possession conviction can also lead to a driver's license suspension in Utah, even if driving was not involved in the incident at all, so this is worth asking about specifically if you or someone close to you is facing this charge.
On the term you used, I believe you may be asking about a "plea in abeyance" rather than a "plea of obedience," since that is not a term used in Utah courts. A plea in abeyance is a common resolution for first-time offenses like this one. Under Utah Code § 77-2a-3, a defendant enters a plea, but the court holds off on entering a conviction while the person completes conditions the court sets, such as paying a fee, completing an alcohol education class, community service, or a period of good behavior. If the conditions are successfully completed, the charge can often be reduced or dismissed. Importantly, a court cannot hold a plea in abeyance without the prosecutor agreeing to it first.
What to do next: 1. If there is an actual charge or court date involved, contact a Utah criminal defense attorney before your first hearing. 2. Ask specifically about eligibility for a plea in abeyance and what conditions the prosecutor typically requires for first-time cases like this in that county. 3. Ask about license suspension exposure so there are no surprises.
This is general legal information, not legal advice. A Utah criminal defense attorney can review the specific facts of the case and advise on the best path forward.
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Frequently Asked Questions
Will a first-time underage drinking charge show up on my record permanently?
It depends on how the case is resolved. If the charge is handled through a plea in abeyance and successfully completed, it can sometimes be reduced or dismissed, which affects what shows up on a record, but this varies by case and county.
Can my driver's license really be suspended for underage drinking even if I wasn't driving?
Yes, Utah law can impose a license suspension for alcohol-related offenses committed by a minor even when no vehicle was involved. This is one of the more surprising parts of Utah's approach to underage drinking cases, so it is worth asking an attorney about directly.
Does a plea in abeyance guarantee the charge will be dismissed?
No. It means the court delays entering a conviction while you meet specific conditions, and only if you complete those conditions successfully does the charge typically get reduced or dismissed. The prosecutor also has to agree to the plea in abeyance in the first place.
