Attorney Scott A. Rubenstein
Summer break is upon us and college students will be home. With that comes one of the most significant risks: underage drinking. This is a problem all year, but it increases in the Summer and often among college students. There is a lot of underage drinking going on in homes all over Ohio. Many times, parents who had no idea that their child would drink are not held responsible for the consequences and will need a criminal defense attorney to prove it in court. But those who knew or should have known that the child would imbibe may face a different outcome. For example, a parent who leaves liquor readily accessible to a minor whom the parent knows will drink it and drive will have a hard time escaping liability for any ensuing accidents. A skilled criminal defense attorney is needed.
Ohio’s “Social Host Law”: “No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the premises while possessing or consuming beer or intoxicating liquor, unless the intoxicating liquor or beer is given to the person possessing or consuming it by that person’s parent, spouse who is not an underage person, or legal guardian, unless the parent, spouse who is not an underage person, or legal guardian is present at the time of the person’s possession or consumption of the beer or intoxicating liquor.”
“No person…shall furnish {beer or intoxicating liquor} to an underage person…unless the underage person is accompanied by a parent, spouse who is not an underage person or legal guardian.”
In other words, parents who give alcohol to their teen’s friends (or knowingly allow it), even in their own homes, are breaking the law. While often thought to only apply to parents, the above-cited law in Ohio provides that no person shall furnish or knowingly allow underage drinking on the premises. Accordingly, the statute applies to bar owners as well as homeowners, lessors and others who control real estate.
Violators who knowingly allow a person under 21 to remain in their home or on their property while consuming or possessing alcoholic beverages can be held criminally liable and prosecuted (for up to 6 months in jail and/or a $1,000 fine) and everything associated with the violation can be confiscated, including personal property.
A criminal conviction for underage drinking can not only damage your reputation, it can jeopardize your education, federal student aid, athletic or other scholarships, campus residence and potentially, your career. A criminal conviction will follow you and may prevent you from obtaining certain professional licenses or from working in certain occupations. You need a good Criminal Defense Attorney who knows how to avoid or minimize these consequences for you.
Bottom Line: Those hosting parties where alcohol is served may have both a moral and legal responsibility to make sure that their guests are capable of getting back behind the wheel. However, young people will make mistakes and youthful indiscretion should not be allowed to haunt you for the rest of your life. I can help. Put my number in your cell phone: 513 260-2099
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