An underage alcohol charge is usually the first time a young person has been in a courtroom, and it is usually a first-degree misdemeanor: the same grade as an assault. That mismatch is the thing to understand about these cases. The conduct is a party or a fake ID. The record is a criminal conviction that a college, a licensing board, or an employer will see for years. Nearly every court in Northern Ohio has a way to resolve these cases without that conviction, and the work is getting the young person into it.
Under Ohio law, individuals under 21 may face several alcohol-related charges:
Underage Possession (Ohio Revised Code § 4301.69(E)) - This statute prohibits individuals under 21 from possessing or consuming any beer or intoxicating liquor in public or private spaces. Even the mere presence of alcohol within your immediate control can be considered possession.
Underage Purchase (Ohio Revised Code § 4301.63) - It is illegal for anyone under 21 to purchase beer or intoxicating liquor, or even to order, pay for, or share in the cost of such beverages.
False Identification (Ohio Revised Code § 4301.634) - Using or possessing a fake ID to purchase alcohol carries additional penalties beyond the alcohol charge itself.
For most people in this position the fine is not the real concern. A conviction can affect a driver's license, a college application, and a job years from now, and there are often ways to avoid that outcome. Speak with one of our attorneys about the options in this case. Consultations are free and confidential.
The fine is the least of it. What a conviction actually touches:
Most underage alcohol cases are written at a house party or a traffic stop, on the officer's observation and a cup in someone's hand. Possession has to be proven for each person charged, not for the room, and consumption has to be proven for the person, not inferred from the company. The issues that come up most:
For a first offense, diversion is the expected outcome, not a lucky one. Most municipal courts run a program for exactly this charge: an alcohol education class, some community service, a few months of staying out of trouble, and a dismissal at the end. The program is not offered automatically. Someone has to ask for it before a plea is entered, and a young person who pleads at arraignment to get it over with has given it away.
The most important date in one of these cases is the first one. Diversion is requested before a plea, and the courts that offer it have their own rules about who qualifies and what it costs. The Law Offices of Brian J. Smith, ltd. handles underage alcohol cases in municipal courts across Northern Ohio and knows which court runs which program. Consultations are free and confidential.
The attorneys at The Law Offices of Brian J. Smith, ltd. provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.
"5 stars. Very professional and results oriented. Got my OVI charge dismissed. Always helpful and responsive to any questions I had. Would 100% recommend if you find yourself needing legal assistance in an area of their expertise." Nathan
"He got my license back in a month. then got my case dropped within the same month. He is an awesome lawyer. He did his best work on my case. And he put a lot of effort into my case. If you want a lawyer that you can trust and that will put in time and effort definitely pick Brian J. Smith. If I ever run into trouble in the future, I will be back requesting him."
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"I highly recommend the Law Offices of Brian J. Smith, ltd.. The entire team was professional, supportive, and truly amazing throughout my case. They guided me step-by-step through the process and successfully won my appeal. If you're looking for a firm that is both compassionate and effective, I’d definitely recommend them. I couldn't have done it without their help!"
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"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
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"Great law firm. My attorney help me immensely. My job fired me unjustly and they help me get my unemployment back. They help file everything and keep you updated on what going on. Very friendly and helpful. Wish these guys the best in the future!"
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"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"
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"I got a DUI and I was absolutely terrified that this would affect my career and my licensing with the company I work for. Not only were they able to help me get the DUI dropped to a physical control but also was able to get it dropped to a charge with 0 points on my record. They exceeded my expectations and were professional from start to finish." Alyssa
"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
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20545 Center Ridge Road, Ste. 215, Rocky River, OH 44116
Huron, Ohio. Port Clinton, Ohio. Wickliffe, Ohio.
Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
The Law Offices of Brian J. Smith, ltd. provides legal services throughout Ohio, from Ashtabula to Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Garfield Heights, Euclid, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Sandusky, Huron, Geauga, Lake, Ashtabula, Portage and Summit.
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