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As the holidays approach and your college students are coming home, it’s common that most suddenly consider themselves adults and feel like the old rules of high school don’t apply to them anymore. While I can’t help you with a survival guide on how to get through the next few weeks, I can help you with the rules of underage drinking when they are under your roof – because it’s not uncommon for students to engage and experiment in the consumption of alcohol while at college and bring the new habit home with them.

A person under 21 years of age, in Ohio, can consume alcohol in the presence of their parents, legal guardian or spouse who is over 21; if the alcohol consumed is part of a recognized religious service or it is prescribed for medical treatment by a doctor. If you go out to a restaurant with your child, you can legally order them alcohol, however many restaurants in Ohio will not allow patrons under 21 to consume alcohol on their premises as a matter of policy.

When the students come home they like to get together at different homes and gather with their friends from high school. While it is legal for your child to drink at your home with you there – their friends are not legal. They must come with a parent, guardian or spouse over 21.

Underage alcohol consumption is one of the most common criminal charges for people under 21 in Ohio. Police have little tolerance for underage drinking. If caught, the law will be enforced and a potential sentence for an underage drinking conviction includes a jail term up to six months, a fine up to $1,000 plus court costs, alcohol counseling, community service, and probation. A conviction is a permanent criminal record, as well, and can affect education and employment opportunities.

The best thing for you to do is call an experienced criminal defense attorney immediately as there are a couple strategies for defense. There is a diversion program that may be available and if completed successfully, the case will be dismissed without a conviction and the records for the case will be sealed. A plead of Not Guilty is another option, in which there will be pretrial hearings, hearings on motions to suppress evidence, and a trial.

The Bottom Line:  Your child is growing up and the next few weeks with them home will see them coming and going and basically using your home like a hotel. If they get into trouble with alcohol, know that with as experienced criminal defense attorney we will be able to get the charges dismissed or reduced and often expunged.  Take my mobile number and keep it handy and call me anytime, day or night. 513-260-2099