He said school officials heard from other students that it was soda mixed with alcohol and didn't believe his daughter and her friends when they said it wasn't.
"They kept questioning that it [was] alcohol and told them if they didn't admit to it being alcohol, [they] would go to jail," he wrote in an e-mail to ABC11.
The father said once school officials determined it was just soda, they still continued with a charge of counterfeit alcohol, and the kids are being punished as if it had been the real deal.
Wake County Schools policy 6429 basically says students can face charges for a counterfeit substance if it's presented as the real thing.
School officials said they couldn't comment on the case, but some parents told ABC11 they disagree with the policy.
"When they do something and engage in silly acts, I think we should investigate as parents and find out what the truth is then react accordingly," parent Jacque Kipps said.
"I think it's probably going too far," parent Darren Friedlein said. "It's the first I'm hearing of it, so I don't know the whole situation, but it seems like it would be inappropriate."
The father who wrote ABC11 said his daughter and some of the other students first faced long term suspensions and were going to be kicked out for the rest of the school year. But after parents complained, some got only five days.
The man said his daughter received a 10-day suspension and was told to attend a drug program that costs $450 - something he's still fighting.