Can My Teenager’s Underage Consumption Charges Be Reduced or Dismissed in Ohio?

If your teen has been arrested for drinking alcohol or public intoxication, you’re probably concerned about the impact their charges could have on their reputation and future. What options does your teen have for resolving their charges? Can prosecutors reduce or dismiss underage consumption charges?

Understanding Underage Consumption Charges in Ohio

Under Ohio law, nobody under 21 may knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume alcohol in any public or private place. Furthermore, an underage person may not knowingly enter or remain in a public place while under the influence of alcohol.

Moreover, no person may sell alcohol to an underage person, buy alcohol for an underage person, or furnish alcohol to an underage person unless given by a physician for medical treatment, as part of established religious purposes, or unless a parent, guardian, or of-age spouse supervises the underage person.

A minor caught consuming alcohol or under the influence of alcohol may face juvenile delinquency charges. Such charges can adversely affect a teen’s employment or educational prospects. Furthermore, a teen caught consuming alcohol or under the influence while driving may also face criminal prosecution and the loss of their driving privileges.

Legal Defenses and Strategies

A teenager facing an underage consumption charge may pursue various legal defenses to pursue a reduction or dismissal of their charge, such as:

• Insufficient evidence
• Mistaken identity
• Lack of probable cause for a traffic stop or police detention

Case strategies may also focus on getting a charged teen admitted to a diversion program. Under this program, the court will dismiss the charges after the teen successfully completes the program. However, teens may only enter a diversion program once.

The Role of a Criminal Defense Attorney

A criminal defense attorney can help a teen seek a reduction or dismissal of an underage consumption charge by:

• Investigating the charges to obtain evidence that can build an effective defense
• Evaluating legal options, including the possibility of a diversion program
• Challenging the prosecution’s case, including moving to exclude unlawfully obtained evidence
• Negotiating with prosecutors to pursue a reduction or dismissal of the underage consumption charges
• Advocating on the teen’s behalf at trial to fight for an acquittal or favorable sentence

Possible Outcomes to Underage Consumption Charges

Potential outcomes to a teen’s underage consumption charges in Ohio include:

• Dismissal of charges: The court may dismiss underage consumption charges due to a lack of evidence to support probable cause or when a teen completes a diversion program.
• Reduction of charges: Prosecutors may agree to reduce a teen’s charges to a less serious offense or agree to recommend a less harsh sentence (such as one only involving community service).
• Conviction and penalties: The court may adjudicate a teen delinquent if the prosecution’s evidence proves their guilt beyond a reasonable doubt.

Contact a Juvenile Crimes Defense Lawyer Today

If your child has been arrested for underage consumption, your family needs a dedicated juvenile crimes defense attorney to protect their rights and future. Contact DiCaudo, Pitchford & Yoder today for a confidential consultation with our legal team to discuss your family’s options for reducing or dismissing the charges.