Drinking Under Twenty One
ORC 4301.69 — what is an offense, the parent exception, and what a fake ID costs
For the liquor law an underage person is anyone under twenty one. No underage person may knowingly order, pay for, share the cost of, attempt to buy, possess or consume beer or intoxicating liquor, in any public or private place, and no underage person may knowingly be under the influence of it in a public place.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
The parent exception is real. The rules against possessing, consuming or being under the influence do not apply when the underage person is supervised by a parent, a spouse who is twenty one or older, or a legal guardian, or when the drink is given by a physician in practice or for established religious purposes. Buying is a separate rule: no person under twenty one may purchase beer or intoxicating liquor, and the exception is written for possessing and drinking, not for buying.
| What happened | What it is |
|---|---|
| What happenedPossessing or drinking it, under twenty one | What it isMisdemeanor of the third degree |
| What happenedBuying it, under twenty one | What it isA fine of $25 to $100, which the court may let be worked off in public work |
| What happenedGiving a false name or age to buy it, under twenty one | What it isMisdemeanor of the first degree; when a fake or altered license or ID card was shown on a first offense, a fine of $250 to $1,000 and up to six months in jail |
| What happenedLying about someone else's age to get it for them | What it isMisdemeanor of the first degree |
| What happenedSelling it, buying it for, or handing it to someone under twenty one | What it isA fine of $500 to $1,000, and up to six months in jail |
| What happenedLetting someone under twenty one stay at your place while drinking | What it isMisdemeanor of the first degree |
Under eighteen and in a car, it costs the license. When an offender under eighteen possessed or drank while driving or riding in a motor vehicle, the court must also suspend the temporary permit or probationary license for not less than six months and not more than one year. One who is at least fifteen and a half and has no permit or license yet cannot get one for six months.
A first charge can end in diversion and a sealed record. A juvenile court may send a child charged with possessing or drinking into a diversion program and hold the complaint; if the child completes it, the court dismisses the complaint and orders the record sealed. In adult court the same charge is eligible for pretrial diversion, with dismissal and sealing on completion. Either route is available once: someone already diverted on this charge is not eligible again.
The owner or occupant of any public or private place may not knowingly let an underage person stay there while possessing or drinking, unless the drink came from that person's own parent, spouse or guardian and that person is present. Renting a hotel room, cabin, campsite or restaurant knowing someone underage will drink there is its own offense, unless the renter is that person's parent or guardian, or adult spouse, and stays on the premises the whole time. A parent may not knowingly let their own minor break any of these rules.
Driving after drinking under twenty one is a separate offense at a far lower concentration, on its own page. A particular charge is a question for a licensed Ohio attorney.
Sources for this section (6)
- ORC 4301.69 — Underage persons, offenses concerning beer and intoxicating liquor
- ORC 4301.63 — Purchase of beer or intoxicating liquor by persons under twenty one prohibited
- ORC 4301.633 — False information to obtain beer or liquor for a person under twenty one
- ORC 4301.634 — False information by a person under twenty one to obtain beer or liquor
- ORC 4301.99 — Penalties under the Liquor Control Law
- ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.