Underage Drinking and Social Host Liability in Ohio

Like most states, Ohio takes underage drinking and drunk driving seriously. Ohio has followed the rest of the country in setting the legal drinking age at 21 for all alcoholic beverages. Underage consumption is a first-degree misdemeanor, with penalties of up to $1,000, six months in jail, community service, and other sanctions.

The person who provides an underage person with alcohol also faces repercussions. Selling or furnishing alcohol to someone under the age of 21 is a misdemeanor punishable by a fine of up to $1000 and up to six months in jail. The person may also be liable for whatever harm the underage drinker caused.

Social Host Liability and Underage Drinking

It is well-established that underage drinking and drunk driving can result in fatal car accidents. To combat a rise in teen drinking and driving, Ohio enacted social host liability laws designed to punish those enabling underage drinking and driving.

Social host liability laws resemble dram shop laws that are common in other states. Dram shop liability makes bar owners liable for overserving an intoxicated person who causes an injury later. Social host liability laws make parents and other party hosts liable for serving alcohol to minors in a social setting.

Ohio Underage Drinking Laws

The Ohio statute on underage drinking defines all terms and prohibitions under the law. There are some exceptions for medical and religious purposes.

Ohio code states that:

• A minor is anyone under 18 years of age
• An underage person is anyone under 21 years of age
• No person may sell, buy, or furnish any alcoholic beverage to an underage person unless their parent or legal guardian supervises them

Underage consumption of alcohol is permitted when:

• Prescribed by a physician
• In the course of “established religious purposes”
• The parent, legal guardian, or spouse who is not an underage person is present at the time of consumption

Social Gatherings and Parental Supervision

Like a majority of states, Ohio allows children to drink alcohol under the supervision of their parents. As long as one parent is physically present, an underage person may drink alcohol in a house or restaurant. State law permits parents to purchase alcohol for underage drinkers. This permission does not extend to other adults attempting to buy alcohol.

The “physical presence” rule means that a parent or guardian must always remain with the child. Parents cannot send children to bars or parties with a note saying they permit their child to drink under another person’s supervision. Having a “safe drinking party” for your child and other underage guests is not legal under Ohio law, even if other parents consent.

Liability

You may face liability on multiple levels if you have underage drinkers on your property. In addition to misdemeanor charges for knowingly furnishing minors with alcohol, you may have:

• Civil liability for any harm caused by an intoxicated guest
• Civil liability for any harm caused to an intoxicated minor on your property
• Criminal liability for harm caused by an intoxicated minor who leaves your property
• Criminal liability for harm suffered by any minor on your property

If your 15-year-old child invites some friends over to drink, you are only able to provide alcohol to your child, even if the other parents give their consent. You have already committed a misdemeanor by supplying the other kids with beer. Responsibility applies in a number of ways:

• If one kid gets into their car, drives down the road, and hits another car, you may be liable for the personal injury claim filed by the other driver
• If another kid breaks into the liquor cabinet, drinks a fifth of vodka, and gets alcohol poisoning, you may be criminally and civilly liable for their injuries
• If underage drinkers trash the neighbor’s backyard, you can be criminally charged with property damage

Additional Information

Learn more about Ohio and juvenile drinking laws with FindLaw’s informative articles:

• DUI vs. DWI vs. OUI: Is There a Difference?
• Comparing State DUI Laws and Limits
• DUI Under 21 Laws by State

Need Legal Advice About Underage Drinking Charges? Talk to an Ohio Criminal Defense Attorney

Underage drinking and social host liability are serious matters in Ohio. If either you or your child run into legal issues related to alcohol consumption, it’s a good idea to seek legal advice from an Ohio criminal defense attorney.