Underage drinking is a perennial problem in college towns. The police, liquor store owners, restaurant and bar managers, and campus security are all aware that young people who have not reached legal age will try to drink. If you get caught, you are likely to face criminal charges that must be taken seriously. However, in Athens, Ohio, you might be eligible for Diversion and not need the assistance of a college student defense lawyer.
Athens County Ohio has an Alcohol Diversion Program for those charged with Underage Possession/Consumption (Ohio Revised Code § 4301.69(E)(1)) and/or providing a Fake ID to obtain alcohol (Ohio Revised Code § 4301.634). In order to qualify for entrance into the Diversion Program you must meet the following requirements:
At arraignment you will be notified if you are eligible for diversion. If so and you wish to participate in the program, you will need to enter a plea of Guilty to the charge or charges and then complete the requirements of diversion. You are not required to have an attorney to enter the program. Upon successful completion of the diversion program, your complaint will be dismissed, and the Court will seal the official record of your case. However, if you fail to successfully complete the program, you will need to return to court for sentencing.
To review the Alcohol Diversion Program Contract in full, please visit here.
Penalties for violations of both underage consumption and fake ID laws are Third Degree Misdemeanors, and can be punished by a fine of $500 or up to a year in jail. If you were in a motor vehicle when you were arrested, you can face a driver’s license suspension. Although judges rarely impose the maximum sentence for these crimes when you have no criminal history and there are no other charges pending, they always have the option to impose the maximum penalty, so it is critical to take these charges seriously.
If you choose to contest the alcohol charge rather than participate in the diversion program, contact my Athens office for help presenting your defense.
Participation in a diversion program is not a possibility when an accused faces multiple charges, has a prior criminal history, or has participated in a diversion program in the past.
When you are ineligible for the diversion program, you must plead NOT GUILTY at Arraignment and mount an effective defense to the charges.
When defending a young person on an alcohol-related charge in Athens County, my priority is preserving your future. I will explore every option to resolve the case, focusing on the alternatives that avoid a permanent stain on your record that could impact your future opportunities.
Underage drinking is common, even understandable, but it is still breaking the law. If you do not handle underage consumption and fake ID charges in Athens County wisely, you could suffer consequences that affect you long into the future.
I provide smart, efficient, and effective criminal defense for young people facing alcohol charges. Reach out today if I can help you or your child with an alcohol offense charge.
Underage Intoxication, Consumption, and/or Possession, Ohio Revised Code §4301.69(E)(1), If you are under 21 years of age and are caught intoxicated, consuming alcohol, and/or possessing it, you are in violation of this statute.
Furnishing false information/Fake ID for alcohol, Ohio Revised Code §4301.634, If you are under 21 years of age and are caught showing or giving false information concerning your name, age, or other identification for the purpose of purchasing or otherwise obtaining alcohol, you are in violation of this statute.
Please note: If you are caught simply possessing a false ID, and it is not in relation to the purchase, consumption, or possession of alcohol, you are NOT eligible for the alcohol diversion program. Please contact my office for help presenting your defense.
Further information about the Athens Municipal Court diversion programs can be found here.