Alcohol and the Law

(This text is from our Alcohol and the Law brochure. A hard copy is available at our office.)

Underage Consumption, Purchasing or Possession of Alcohol
The legal drinking age in Ohio for consumption of an alcoholic beverage is 21 years old. Anyone purchasing, possessing or consuming alcohol prior to their 21st birthday may be guilty of a first degree misdemeanor. The maximum penalties associated with this offense are 6 months imprisonment or a $1,000.00 fine or both. A 20 year old student, therefore, risks being jailed and fined when he decides to drink alcohol at a party or elsewhere. Most first offenses are handled through a diversion program requiring community service and costing about $250.00.

Underage “Being Under the Influence” of Alcohol
Ohio makes it illegal for a person under 21 years of age to be “under the influence of alcohol” in a public place. This charge requires that the effect of the alcohol be noticeable. No breath test is required. A public place includes a bar, a public street or sidewalk. This is punishable in the same way as underage possession or consumption of alcohol.

Providing Alcohol to an Underage Person
Similarly, a person who furnishes alcohol to an underage person is guilty of a first degree misdemeanor. The maximum penalties associated with this offense are 6 months imprisonment or $1,000.00 fine or both. A social host, therefore, risks being fined and imprisoned when he furnishes alcohol to a person he knows or should know is not 21 years of age.

A parent or spouse of an underage person may provide alcohol to them but must be present at the time.

Misrepresentation of Age or Identity

A person under the age of 21 who knowingly misrepresents their name or age for purposes of puchasing beer or liquor has committed a misdemeanor in the first degree. The offense carries a maximum of $1000.00 fine, 6 months in jail or both. Having a “fake ID” or using someone else`s valid ID is illegal.

Operating a Motor Vehicle While Intoxicated by Alcohol or Drugs (OMVI)
In Ohio, a person may not operate a motor vehicle if he is impaired by alcohol and/or drugs.

Open Container
It is illegal to possess in any public place an open container of alcohol. Such an offense is a minor misdemeanor. If convicted of this offense, the maximum penalty is a $150.00 fine.

Having an open container of alcohol in a motor vehicle, whether in operation or stationary, is prohibited. Such an offense is a minor misdemeanor. If convicted of this offense the maximum penalty is a $150.00 fine.

Disorderly Conduct
Likewise, disorderly conduct while intoxicated is a minor misdemeanor and carries a maximum penalty of a $150.00 fine. Disorderly conduct can occur in two ways:

• when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct.
• when one engages in conduct or creates a condition that presents a physical risk of harm to oneself, another, or property.

Students are often cited with a Disorderly Conduct when they are observed stumbling or suffer an injury while intoxicated.

Persistent Disorderly Conduct

A person who persists in disorderly conduct after a reasonable warning or request to desist may be charged with Peristant Disorderly Conduct, a misdemeanor in the fourth degree. If convicted of this offense, the maximum penalty is a $250 fine and/or 30 days in jail.

Alcohol Diversion Program

Please see the Diversion Program page.

This information does not constitute legal advice, nor is it intended as a substitute for legal advice. Eligible Ohio University students who have questions concerning legal matters may contact the Center for Student Legal Services and make an appointment.

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