Underage Consumption / Underage Possession of Alcohol
Ohio law prohibits alcohol possession or consumption by persons under the age of twenty-one (21) with several notable exceptions found in R.C. 4301.69 as follows:
- No person shall sell, buy, or furnish beer or intoxicating liquor to an underage person unless it is given to the person by a physician in the regular line of the physician's practice, or given for established religious purposes, or if the person is supervised by a parent, guardian, or spouse who is of lawful age. R.C. 4301.69(A)
- No person who owns or occupies a public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor unless the intoxicating liquor or beer is given to the underage person by that person's parent, spouse who is not underage, or legal guardian, and that person is present at the time of the underage person's possession or consumption. R.C. 4301.69(B)
- No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public place or private place. R.C. 4301.69(E)
- No underage person shall knowingly be under the influence of beer or intoxicating liquor in any public place. However, this section does not apply if the underage person is supervised by a parent, spouse of lawful age, if the alcohol is given by a physician in the regular line of the physician's practice, or given for established religious purposes. R.C. 4301.69(E)
Many times, in these cases, we can get our client interviewed and prepared for diversion. If accepted into Diversion and the client fully satisfies the terms of Diversion, Ohio law will permit the court to dismiss the case and order the record sealed under R.C. 5953.52.
CASE EXAMPLE: High School Student's cases are DISMISSED
--our client, a local high school student, was charged with Contributing to Delinquency of a Minor and Furnishing Alcohol to a Minor. The client was charged in both Municipal Court and Juvenile Court. After less than 2 months of representation, Attorney Tod Brininger entered into plea negotiations with the prosecutor and the cases in each court were dismissed for costs. (Represented by
Attorney Tod Brininger.)
CASE EXAMPLE: College Student's Underage Drinking Case Dismissed -- our client, a scholar-athlete at Yale, was charged with underage consumption of alcohol while home on break. We worked out a settlement with the prosecutor that if our client completed an underage drinking program, that his case would be dismissed.