Furnishing Alcohol to an Underage Person (ORC 4301.69)

What Is Furnishing Alcohol To An Underage Person (O.RC. 4301.69)?

Ohio Revised Code Section 4301.69 provides two major scenarios that encompass “furnishing alcohol to an underage person.” The two primary sections state:

Buying Alcohol for Someone Underage – 4301.69(A): “No person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person.”

Allowing Someone Underage to Drink At Your House/Apartment – 4301.69(B): “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 place while possessing or consuming beer or intoxicating liquor.”

The Columbus city code for furnishing alcohol to someone under age 21 is Columbus City Code Section 2325.69. The Ohio Revised Code and the Columbus City Code share much of the same terminology.

Potential Penalties For Furnishing Alcohol To Someone Under Age 21

If convicted of furnishing alcohol to someone under age 21 in violation of Ohio revised code section 4301.69(A), one is subject to a first-degree misdemeanor carrying the following penalties:

Maximum 6 months in jail; and
$500 minimum fine (maximum $1000)

Potential Defenses To Furnishing Alcohol To An Underage Person

The Ohio Revised Code includes language in section 4301.69 that provides for legal defenses to anyone facing a possible conviction under the statute. Some of the defenses include:

Alcohol give given for established religious purposes.
Alcohol given by a physician in the regular line of the physician’s practice.
Alcohol furnished under the supervision of the underage person’s parent, spouse who is not an underage person, or legal guardian.
Note that it has to be your own parent furnishing the alcohol for this to be a defense — a friend’s parent will not work as a defense.
Also the parent must be physically present with the underage person while they are drinking – the parent cannot give consent over the phone or remotely.
Was the search valid? The Sixth Circuit Court of Appeals has provided some case law protections for those facing a possible conviction for furnishing alcohol to someone under age 21. In Wauseon v. Leveck, 2014-Ohio-3361, the Court held a police officer must have a valid excuse to enter and search premises before being able to cite a defendant for furnishing

Alcohol related offenses vary from case to case and there can be difficulty understanding what defenses may be available to you. If you have questions about your Columbus alcohol related criminal charges, talk to our Columbus furnishing alcohol defense attorneys at 614-361-2804.

Written by Anthony M. Iori, Associate Attorney at Riddell Law LLC