Underage Drinking situation in Ohio; Legal?

Question

Underage Drinking situation in Ohio; Legal?

Answer 1

Let's dispense with the prologue.



You willingly went to the police and took a breathalyzer test. Whether it was 0.9 or 0.1 doesn't matter. The test showed you had been drinking and you are underage.



The guy who says you should go to court and argue about your Miranda rights may also be drinking. Miranda rights come into play only when you are arrested. You were not arrested; you were cited.



Go to court with or without an attorney. The police will probably not show up and your case will be dismissed. If they do, you can explain, not argue, that you had been drinking and you didn't want to drive under the influence and risk having an accident in which someone might get hurt. Any reasonable judge will want to reward you for your good judgment rather than penalize you for your bad judgment.



Your were not cited for being over the legal limit. You were cited for underage drinking, for which there is no limit. One sip is enough. Don't create a battle you can't win. Worst case, you will get 20 hours of community service. If you try to "defend" yourself you may get 50 or 100.

Answer 2

Whether or not you wanted to take the breathalyzer is irrelevant -- if you fail to take it upon request, you're automatically considered guilty... the burden of proof shifts to you -- to prove that you were not intoxicated (which you were).



The police don't need permission to walk around a building. As a matter of fact, in certain circumstances, the police don't need a warrant or permission to enter a building.



In order for them to cite you, however, their actions must be reasonably related to the reason they were at the house in the first place. It's reasonable to believe that people are being loud because they're intoxicated.



The issue is in forcing you to come out of the basement. Barring exigent circumstances (life threatening), the police cannot enter a house without a warrant or permission -- they can threaten all they want -- but when they do it, whatever they find is inadmissible.



You friend, sir, is an idiot. One of the major factors which result in criminal prosecutions is a lack of knowledge of one's rights. NEVER rely upon a police officer to inform you of your rights. Because you came out (for whatever reason), AND because you were found to have consumed alcohol under the legal age, you were cited... and will most likely be found guilty -- even if you were to go to court.



Sure, the situation is legal... again, the problem is in the lack of knowledge... they can't enter except in rare circumstances.



What are you going to get as punishment? Probably not much -- maybe something like... a diversion program, alcohol rehab, and a small fine.

Answer 3

I am a Criminal Justice student, so I can answer some parts of your question. 1. If they have probable cause, they can search. 2. If they had probable cause to believe you were intoxicated, they do not have to ask. 3. They do not have to read you your Miranda Rights until you are actually arrested for a crime or infraction of the law. 4. You were not a resident of that house so you are cite-able. 5. You should never completely trust someone at the age of 18, except your parents. Your Friend could have very well said something about you being in the basement, don't put it past him. 6. Everything about this procedure was entirely legal. 7. The laws are different in every state, so all you would need to do is go to your state website and do a keyword search for misdemeanor 1. The punishment for a first degree misdemeanor is generally minimal, such as a fine, community service, diversions and things of that nature. It also depends on the judge, some are not as nice as others. It was very wise of you not to put yourself and others at risk by driving under the influence, so pat yourself on the back for that one. I wouldn't fret too much about your punishment, because there is an extent to the law and the severity you can be punished. Take care of yourself!

Answer 4

Now, the question is well phrased and you gave lots of information, but sadly the most important part is the one you got weak on. If I were cross examining you on the stand, I would ask: '"pretty much made" your friend come get you or "made" your friend come get you?'. Also, did the officer demand the breathalyzer or was it your friends? Unless you were driving or in public, or laying out in plain sight with beer cans strewn about you, the officer has no probable cause to give you a breathalyzer. If your friends said you were drunk and the friend whose house it was said it was okay for him to give you one, then he did have probable cause. If you willingly took the breathalyzer, you would lose the case.



Summing it all up, you're going to lose if you fight the citation, because you took the breathalyzer willingly.



edit: You say the police decided to search the house, they had to have permission from your friend or his parents to do that, if he/they didn't then it's a violation of the 4th amendment, which is a very common violation by policemen, so find out about that first, if nobody consented to a search and/or nobody said "sure, look anywhere you want", then you can get off. Exact words are VERY IMPORTANT here. If your friend said "sure, you can look around" you're screwed, but if he said "come in if you like" that definitely doesn't mean "look around the basement for anything tha tmight interest you".

Answer 5

Ohio Drinking Laws

Answer 6

Did you forget you have to be 21 to drink? And your wondering if this is legal?



Its a law, no drinking under the age of 21.

OF COURSE ITS ILLEGAL!



#1: your under age

#2 you were not at your own home with your own parents

#3 I kid your age had to lead police to find you, so that show me no adults were present to take the wrap for contributing to minors.



The ONLY way a kid 18 years of age can drink in the state of Ohio is when their parents give consent and are present, and even then if the police are called and you are drunk, your getting a fine.



Sorry.

I feel badly that no one taught you the rules, its clearly not your fault if you were not taught that under age drinking was against the law.



Smoking is illegal before 18 too.

And weed is illegal in Ohio, so is any other narcotic.



What might help you now is to go and look up the listing of Ohio intoxicant rules, I'm sorry your parents didn't teach you this ahead of time, and if they did, sorry bro, you got what you knew was coming.

Its not a big deal, every body and his brother has a DUI or a drunk and disorderly now a days, its just accidents and stupidity, when you get older make sure you keep your kids from making the same mistake.

Answer 7

Looks like everyone is at home tonight. 38 answers so far. Yikes.



I feel that you could litigate this and there is a reasonable ground for a bad search. It would be very expensive with lawyers and you could lose and what would be the point?



You'll get a fine and a misdemeanor conviction but most importantly you need to do a gut check. This is a warning from above to not go down this road. You got caught right away and it seems to me to be full over warning signs saying lay off this behavior. I'd chalk it up to experience and move on but learn something from it which is to really rethink what you're doing here.

Answer 8

This Site Might Help You.



RE:

Underage Drinking situation in Ohio; Legal?

I was sleeping downstairs on my friends house after having about 5 beers. I am 18 and decided to sleep over instead of driving under the influence. My friend was outside when the police came for a so called "noise violation". The officer was looking for kids who ran when the cops came and...

Answer 9

Ok seeing your friend on the porch drunk was clue one.



The other kids running fromm the house was clue two.



I dont think you would be aware of this yet, but if you drink alcohol your body begins to sweat it out giving you a very unique, and identifible type of BO to anyone with experience with that sort of thing.



Once the officer had you in sniffing distance he had probable cause to tell you take a breathalyzer. That you were too tired (or they will argue intoxicated) to give a proper refusal isnt going to be enough to get you out of hot water.



On the positive side of the equation, since this is probably a first offense, you will very likely get a stern lecture and maybe light probation or community service.



Maybe next time skip the drinking altogether? Parties are a lot more fun when you are the one able to tell the funnie stories about everyone else the next day at school.

Answer 10

The police did a couple of things here. The cops can do what's called a Terry frisk. First,basically they were given the right by the person living in the house when the person allowed them to come in. Second, they observed you (Terry law) Basically this law was enacted that states to the effect that if they can see it in plain site, they can seize it. So for example they pull someone over and see there is an open container in the vehicle, they can perform legal procedures. This was meant to protect law enforcement. This further allows them to have access to the household.



It's a misdemeanor. It will cost some cash or maybe you might can get it dismissed. Either way is a possibility. Since you have charges pending you may ask the court for representation. Check with the court like on let's say, Monday.



I don't know too much about your state, but here's the link...



http://www.olaf.org/



It would be one of those deals where spending thousands would not further cause much more. Either they find you guilty and you get it deferred, which basically they tell you that it will be removed from your record after you meet certain requirements (like a class, pay a fine, and community service); either one or all. You may want to double check with legal clinics.



They have evidence. The thing that's key here is prove that it was obtained illegally and it should not be permissible in court. Then next time you drink beer do it away from the party scene. Stay at home with another friend who isn't a dumb ***.



I completely understand underage drinking is illegal and it's bad for you, but no one's perfect. Especially an 18 year old guy hanging with his friends. If you're going to do it then you have to do it smarter than the way you are going about it. If there is loud music and thugs, then you might be busted no matter how little or how much.

Answer 11

of course it is Rebel Scum...Imperial Law clearly states you are too young to drink...hiding in the basement is no legal excuse...the Emperor will be most displeased with you...

Answer 12

You got busted...deal with it.

Answer 13

If your friend was intoxicated or had alcohol on him, then they had "probable cause" especially when other kids started running from the house.

Answer 14

I'm sure a good attorney could have this dropped on a technicality. You think it is OK for you to break the law, but everyone else should obey it?

Answer 15

As long as you consented to taking the breathalyzer... Yes.

Answer 16

yes,its legal.now be quiet,go to court and take your medicine and be glad you werent arrested for underage consumption,along with the parents of the kid whos house you were in.

you werent arrested,therefore miranda rights are not read to you.

You,by your own admission were asleep when they saw you,how do you know that they were told by your friend not to search??hearsay isnt plausible,and if they saw you through the window,they can claim they feared for your well being.and you went out to them,they didnt come get you,

5 beers and you blew an .09????how big were the beers????thats legally drunk in most states.

Salvadordali,what planet are you on????a breathalyzer may be administered at anytime that suspicion of being intoxicated,whether it be driving,walking,skipping,riding a bike.stuff your "illegal search and seizure" crap,you have no clue as to what you are talking about.

Answer 17

Your friend led you to them. They got you, you must have agreed to take a Breathalyzer, since they can't make you. Your friend must have gotten busted too.

Answer 18

Only if you consented and they were allowed into the house for the purpose of looking for minor kids drinking. If the cops were just snooping around they may have over step their permission into the house. A misdemeanor isn't as bad as a felony but it's better not to have them. No jail time but it's still on your record.

Answer 19

Before everyone keeps attacking OP, lets consider this, ok??

COPS DO take advantage and pretty much do whatever the heck they want! He admitted he was drinking underage...(who hasnt?) and he said he was downstairs. OK, heres the deal and im tellin ya why im on OPs side



I have dealt with corrupt and crooked law/court/counties/cops/judges for 15 years now in the county i live in. no matter what i do....it is never right since i married the X whose parents own over HALF the county, whose grampa was the first major in the county , a long line of teachers, lawyers, etc.... and the JUDGE...looks me straight in the face and refuses to even LOOK at my paperwork!!!!!



Corruption in complete counties are getting more and more common, although Boone County and corruption in the DixieMason line has been adept for years. Im living proof. My x broke into my storage unit with an OFFDUTY cop in a cop CAR...he LIED and said he knew my BROTHER..and pointed to my X!!! (as it was in my brothers name so this would NOT happen!)

My x got NOTHING, the cop lost his job but when i went to court, there was my x and his dad SHAKING HANDS with the JUDGE , giving the cop back his job!!!! and what did i get?? not even a courteous phone call. NOTHING!!!!

This county has been rude and crude and downright cruel and unfair to me since the day of my separation, 9 years ago.

So , yep. I think OP is telling the truth. The cops will gang all together to do whatever they want. I saw an article on 48 hours about this the other day, and on 20/20. and i just had tears runnin down my cheeks. Cops ban together and so do the courts and the peepz / employees / attorneys/ etc. Its all a big political money game to them!! sux, but its true

Answer 20

Yes it is. First off -you said they were looking for kids who ran..this gave them a reason to believe there were more somewhere in the house. That gives them the right to enter the house without a warrant( (and they can give any reason they wanted). If not given permission (which they don't really need) they could have held you friend at the front door until a warrant arrived and then confiscated anything they found illegal inside. My best suggestion is.. take the punishment. If you have no priors you should only get probation. Another good thought...when you do go in front of the judge be dressed presentable and treat him with respect. Good luck my friend.

Answer 21

Honey, repeat after me "under age drinking IS illegal." The police didn't enter the house. You came out without a gun to your head and blew in the breathalyzer all by your little self. The police broke no laws, but YOU did.



People who break laws suddenly become so concerned that the police might have done something procedurally wrong. They didn't. They were just smarter than you. It was a clean bust. I hope the adults who were sponsoring this little drunkfest got cited too.



You know, if you don't lie, you don't have to have good memory. You said the police didn't enter the house. "They never entered the house and claimed that they wanted to make sure I was ok and didn't have alcohol poisoning. They pretty much made my friend get me from the basement and bring me upstairs to take a Breathalyzer." Make up your mind. (No sympathy.)

Answer 22

Did you know that your "rights" don't have to be read to you unless you are being taken into custody. Way too many cop shows going on in this "story".

So your friend skrewed up and let the cops in. It's a done deal, it's not going to be taken back, it already happened and you have absolutely NO control over the past. In fact you only have control of what you do today in this moment. Don't try to be a lawyer and figure out how you have been "violated" for gosh sakes, you are guilty! Silly man for consenting to the breath test, you did not have to. You have a couple of choices here. You go to court and request a Public Defender (pretender) is what we say lol but you can do very well with a Public Defender. So you will go to court, they will read the compalint and then ask you if you understand. They will not ask you what you plea. You will request at that time, counsel and so you will fill out some paper work and contact the P.D. dept in the following week. Let the Defender work on this and hopefully they will drop the charge down to an infraction and you move on in your life.

Please, please stop trying to find some little loop hole that one of your best friends (who has now decided to be a lawyer) thinks they are going to get you out of this.! Do you not realize that every judge hears this crap every day?

You are guilty, let your PD tell you how to plea and be done with it.

Stories are just that and judges just don't tolerate them good or bad.

It is what it is, your "friend was a dumb $h*t to let this go this far.

Be honest and remember...you do not have to take any test if you are not on probation...period!!!

Answer 23

If they entered the house after being told not to then the evidence they found cannot be held against you. Thats in the bill of rights. You might (MIGHT) be able to argue that the cop shoved the breathalizer in your face and told you to take it without giving you the option to refuse. However, the judge might just say that ignorance of the law is not an excuse and you still took it willingly, but the cop should have told you about the other option.



Anyway, even if you get cited it usually isn't bad for a 1st offense. I got a possession of alcohol charge in February (Mardi Gras, lol) and all I had to do was attend a 2 day retreat on "why alcohol, weed, and stealing are bad." (that everything the retreat covered, not my charges, lol) It was boring, but it the charge is completely wiped off my slate. I live in Louisiana, so i don't know about Ohio, but you'll have to go in to see the DA soon so ask him about a trial diversion course. You might qualify for them. Best of luck, I empathize with your plight.

Answer 24

First you say the cops never entered the house, then you say they stumbled upon you in the basement. Which is it?



It is important because if they came in with neither a warrant nor permission, the search was illegal. Any evidence obtained in an illegal search (like your breathalyzer test) is tainted and hence inadmissible in court and your case should be thrown out.



If your friend let them in, or you went to them, all bets are off and the test is admissible.

Answer 25

The police were able to offer you a breathalyzer because of probable cause. They never came into the house because they need a warrant for that. You could have refused to come outside and they would not have been able to do anything about it. Because you WILLINGLY went outside and WILLINGLY took the test, everything was done legally. You could have refused the breathalyzer, or just lied and said your ID was inside and went back to sleep. Or you could have never come outside. Cops tend to "demand" things and people will obey without knowing they have a choice. Next time be aware of your rights.







L. Law

Answer 26

Its legal because underage consumption is illegal anywhere. Now they cannot randomly come into a house and ask, but since they were already there for a noise violation called in by a neighbor, they most certainly can give you a breathalyzer.



Lesson for you is never drink around noisy people again or just follow the consumption laws.

Answer 27

Ok you messed up.... you broke the law, This is the most simple part, a misdemeanor is a criminal charge that is most of the time associated with a fine or city or county jail time, or both, how much depends on the law in your state. Now this is the very easy part, Do you have the money to hire a talented Lawyer to fight this? If the answer is yes then Pay the fine, if the answer is no then Pay the fine. It is just not worth it to spend $1,000 to fight a $100-$200 fine no matter the hairs that may or may not be split.

Answer 28

I do not know the rules in Ohio, but because you are in a house, youa re fine; fineover since you gave your consent to them basically yo give you the breathalier they can fine you...however, because they got you to consent to them under false pretenses "if you had alcohol poisoning" then you are not at fault. However, if you would ahve sad no, they would ahve had probable cause to search you anyways. I would take this u with a lawyer to judge and ask about it. Because you did not have any alcohol poisoning, you were inside of a consenting residents (your friends house, and they came only for a noise violoation (even though police can search almost anything with probable cause)).

Answer 29

I would have to say this is very unfortunate for you. At least you were not caught holding an alcoholic beverage, which would have lead to public intox. I recommend going to court. Tell the judge what happened. If you have not received any other citations, you may just get off with a fine, then again, the judge may say that the officers were wrong and dismiss the ticket. Good Luck!

Answer 30

This is your problem, but a very good defense lawyer may be able to help



1. The police had a legit reason to be on your Friends property, to wit they found your friend outside, I am sure he appeared some what drunk,



2. While legally talking to you friend they saw you sleeping in the window called plain view, now at this point did the police lie as toward why they wanted to talk to you? Sure and its legal sorry



3. They get your friends consent to wake you and the police got you to take a breath which since you are under age is strict liability offense you’re busted







Note: look freak boy stop with the negative remark



The police approached your friend on the front porch in plain view of the street, where they where responding to a complaint, at that point they where well in their right to invest age the complaint, walk around the out side f the house,



To wit they found your friend under age and drunk on the front porch early in the morning you should be piss at your friend they blew it



The police roll up see your friend and have all the probable cause they need to search the out side. They see you lie to your friend and get consent to talk to you agree i.e. consent to a breath you fail and are under age



You can not win

Answer 31

If your friends will back you then you should be able to beat this citation and tell your friend to tell cops to bite him next time. He blew it big time. This was illegal search and seizure of evidence. Ask cop if he does this to every person he sees sleeping in a basement? If not then probable cause is blown and profiling has begun. Do not plead guilty and if you can not afford an attorney then get one appointed.

Answer 32

even when driving drunk, a person has the right to deny a breatholyzor test.

You didn't have to leave the house or let them in unless they had a warrent, unless they suspected a crime was currently going on (which the crime was over, you weren't currently drinking).

You could have pleaded the 5th.

I don't agree with drinking, I am 29 and NEVER have drank alcohol myself, but the police did bully you and didn't have the right to make you take a breathalyzer

Answer 33

I'm not from a US state but I'm an US colony, PR. And I don't see why its illegal to drink underage, i only think its illegal to buy alcohol underage so that that over here you can drink but cant buy.

Answer 34

The cops did everything right here, so you are not going to find a loophole. You weren't arrested. Your "punishment" isn't going to be very harsh, and will not effect you in getting any job. Just relax, get a lawyer, take responsibility, take your licks, and move on. This isn't a "what should the legal drinking age be" argument. The law is what it is and we are subject to it.

Answer 35

Hell no, you are not in the wrong!!! You are on PRIVATE property. I am glad that they checked to see if you were okay, becasue parties at your age can lead to some lethal endings (been there, done that). But DO NOT let "big brother" take advantage of our rights to our own privacey. The cop was covering his ***. That's all. At least he didn't take you to jail, for his own sake, as you would have his badge in your own pocket. If you are old enough to die at WAR for us, son, then you are old enough to drink!!! Unfortunately, you have to fight for your rights at home, as well as on the battle field. It's a simple fact. Keep the faith, and protect us all in every way. Do not bow down to the shody antics of a cocky cop. Fight for your right...or let someone elso run your life for you. Go to court and state your peace. You just might do us all a favor, my friend. Vincent

Answer 36

If your asking people on yahoo answers for legal advice you're gonna get exactly what you deserve. Drinking under age is against the law, you got busted now deal with it.



*Edit*

The officer didn't read you your rights because you weren't arrested.

Answer 37

You could have refused, but you bought into the BS reasoning they gave you.



Though it is illegal for them to search the house that they were not given permission to, regardless of probable cause, they'd still need a warrant for that, so it's not entirely clear cut there.

Answer 38

Yes it is. Your friends parents can be sued if anything happens to those kids at the party, and they can also be fined with contributing to the delinquency of a minor.

If they get a call that a party is going on, they have to check it out. If your friend let them in, then they can do a spot-search of the house.

Answer 39

lol were i come from the legal drinking age is 18...but i drink since im 14 i dont think its that bad there...i once went to a concert and there was police and i bought beers right in front of them i was 16 then...but anyways thats ******* gay you should of stayed in the house and sleep or at least not take the breathalyser...

Answer 40

YOU ARE UNDERAGE does that ring a bell you need to wake up and smell the roses. its bad for you and they are trying to help you and if its for this why are you so upset. yes, you are wrong and i am nto sure about rights but you have to get lawyer in this matter and if you pay enough you can get out of it.

Answer 41

You can fight that in court but your friend is an idiot for getting you outside. They would have had no grounds to come inside of the house if he said no...never let cops in without a search warrant.



Criminal law varies state by state, but there was a case in CA where a guy was arrested bc he had needle holes in his arms which proved he had used drugs. The SC overturned it b/c you cannot be punished for a substance crime that u did in the past or future. I def think you should fight that.

Answer 42

Well, you're 18 so you can go die for your country. You just can't have a beer. I will never stop thinking that's a bunch of bullsh*t as long as I live.

Answer 43

Ok. . .

To start off with yes, underage drinking is very illegal.

But 2 the officers should not have searched the house with out a search warrant, but they did and found you. So yes, its not legal, but no they shouldn't have found you anyway. At least you didn't want to drive under the influence.

Answer 44

Doesnt matter you are underage a minor not old enough what part of that do you not get.

Answer 45

Well since u went outside the cops could legally give u a breathalyzer if u would have just stayed in the basement they could only have given u one if they went and got a warrant to enter the premises and no cop would go through that much trouble just to bust one kid so in short you kinda ****** yourself on this one

Answer 46

That's a yes and a no. It's only legal if yuor own parent hands it to you in your parents house under their watch.

Answer 47

uhm either way you shouldnt do underaged drinking if you want to become something in your life . it f***s with young development . but if you could careless drink away my friend . its not my life :)

Answer 48

Okay, let's see how all of this goes over with the judge in court. He's gonna look at you like you're nuts, and might even ask for another breathalizer test to be done then and there.



you got busted, deal with it, and stop being a cry baby on yahoo answers.

Answer 49

you were drinking and you aren't 21 years old -of course it's not legal!!!

Answer 50

thats against the law

you cant be under age drinking

so what if they came into the house

it sounds like they had permision to come in

you got busted

next time just wait intill your 21 to start drinking

Answer 51

thats nothign compared to what goes down in Europe



Americans are so whoosy with alcohol its hilarious



You got busted! learn from it

Answer 52

This was illegal search and siezure. YOU ONLY HAVE TO TAkE ABREATHALIZER WHEN DRIVING! if you have a drivers license and are operating amotor vehicle then you have to submit to a breathalizer. They had no right to comeonto private property to single you out when you werent bothering anyone asleep on the couch. ITS YOUR FRIENDS FAULT FOR LETTING THEM, AND YOUR FAULT FOR LETTING THEM TOO. I would fight the ticket, your old enough to go in the military to kill and die for your country, you should be old enough to drink in the comfort of a home, when your not bothering anyone. I would fight the ticket and get a lawyer. With a level of .09 I would have made them give another test...



The misdamenor will set you back some cash (unknown amount) and maybe probation. NO jailtime though... If you have to go to court get a good lawyer and ask how oyu can go in to the military at 18 but not drink in a house not bothering anyone!

Answer 53

yes! the police do not need a warrant to enter if they have reason to believe that you were in immediate physical danger.

Answer 54

Inevitable discovery for the win!

Answer 55

Underage drinking is not legal...If you don't follow the rules...there are consequences...Sorry.

Answer 56

oh man cops are d*cks..



oh man a .09.. your were sooo wastedddd right. psh, what losers...



sorry pal but you will learn after highschool,



cops can and will do what they want, when they want, how they want it, wether or not they can do it or not..



just a way of life..



sorry hun. but you wont get much for that.. maybe community service or something.

Answer 57

it definitely wasnt right to make you get up and go to them; but it would be illegal if they didnt read you your rights

Answer 58

busted

Answer 59

DEAL WITH IT YOU GOT IN TROUBLE EVERY ONE HAS A RESPONSABILITY ...

Answer 60

thats why u dont drink

Answer 61

dude, ur busted, deal with it, weve all been there

Answer 62

ya of course they can do that

Answer 63

the cops were wrong here, they had no warrant, and your friend exercised his right to refuse

Answer 64

If you can't do the time, don't do the crime.

Answer 65

google it.

Answer 66

OH MY



I SAY DRINK MILK....



YOU ARE NOT EATING WELL

Answer 67

youre f u c k e d!!