Underage Drinking in Ohio
What parents, students, and young adults should know.
Underage Drinking in Ohio: What Parents and Students Need to Know
Underage drinking is one of the most common misdemeanor charges in Ohio, especially in college towns like Toledo or Bowling Green, where students from the University of Toledo, Owens Community College, Bowling Green State University, and nearby campuses often face alcohol-related offenses.
If you or your child has been charged with underage alcohol possession or consumption, it’s critical to understand the consequences and take immediate action to protect your future. At Brian C. Morrissey, Attorney at Law, we help students, young adults, and parents navigate the legal system with minimal long-term impact.
What Is Underage Drinking Under Ohio Law?
Ohio law prohibits individuals under 21 years of age from:
· Purchasing alcohol
· Possessing alcohol
· Consuming alcohol
· Being intoxicated in public
Under Ohio Revised Code § 4301.69(E), underage possession or consumption of alcohol is generally a third-degree misdemeanor.
What Are the Penalties?
Underage drinking may seem like a “rite of passage,” but in Ohio, it’s a criminal offense—not just a ticket. A conviction carries serious consequences:
Penalties for a First Offense can include:
· Up to 60 days in jail
· Fines up to $500
· Alcohol education or treatment
· Possible license suspension
· Criminal record
For college students, this can also lead to:
· Disciplinary action from your university
· Loss of scholarships or financial aid
· Difficulty finding internships or employment
· Issues with professional licensing (nursing, teaching, etc.)
Repeat offenses may lead to harsher sentencing and more permanent consequences.
What If a Fake ID Was Involved?
Possessing or using a fake ID to purchase alcohol is a separate misdemeanor offense under Ohio law (ORC § 4507.30). You can be charged with:
· Misrepresentation of age
· Tampering with records
· Forgery or identity fraud in severe cases
Even showing someone else’s ID or altering your own can result in criminal charges.
What About Open Container or Public Intoxication?
Many underage drinking cases also involve related offenses, such as:
· Open container violations
· Disorderly conduct while intoxicated
· Driving under the influence (DUI/OVI)
· Possession of marijuana or paraphernalia
If you were cited for multiple offenses, your attorney may be able to consolidate the charges or seek a plea to a non-criminal citation to protect your record.
Do Parents Need to Worry About Liability?
Yes. Under Ohio’s social host laws, a parent or adult who knowingly provides alcohol to a minor—other than their own child—can be charged with a misdemeanor. This includes:
· Hosting parties with alcohol where minors are present
· Turning a blind eye to underage drinking in the home
Penalties can include jail time, fines, and civil liability if an injury occurs.
Can You Go to Jail for Underage Drinking?
Technically, yes. But in many cases, especially for first-time offenders, jail time is unlikely if the case is handled properly. Courts in Lucas County, including Toledo Municipal Court, often allow:
· Diversion programs
· Alcohol education classes
· Community service
· Deferred adjudication or record sealing options
We work to negotiate alternatives that avoid a criminal conviction and keep your record clean.
Can the Charge Be Expunged?
Yes, under certain conditions. If you are convicted but remain offense-free for a period of time, you may be eligible to have the record sealed. We also help clients apply for expungement if they completed diversion or probation successfully.
What Should You Do If You’re Charged?
✅ Don’t just plead guilty
Pleading guilty can lead to a criminal record, even for a one-time mistake.
✅ Don’t ignore the court summons
Failure to appear can result in a bench warrant or additional charges.
✅ Contact an attorney immediately
We can review the facts, represent you in court, and work to minimize or eliminate the consequences.
How Brian C. Morrissey, Attorney at Law Can Help
We defend clients against underage drinking charges throughout Toledo, Sylvania, Maumee, Oregon, and all of Lucas County. Whether you’re a college student or the parent of a minor, we can:
· Challenge the stop or arrest if improper
· Negotiate for diversion or education-based alternatives
· Avoid jail, license suspension, or school discipline
· Seal or expunge your record when eligible
We understand how important it is to keep your record clean—especially early in life.
Take the First Step Toward a Clean Slate
If you or your child has been charged with underage drinking in Toledo or Lucas County, don’t face it alone. We’re here to help you resolve the case and move forward.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
Let us protect your rights—and your future.
