As the summer comes to an end, coeds will be returning to colleges and universities across Ohio and more than a few may find themselves stumbling upon a party or two. But do you know the rules for avoiding an arrest and partying safely?
Rule #1: Don’t Drink and Drive
Ohio has some of the most stringent drunk driving laws in the county. A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions. A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample. In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)
Rule #2: Don’t Drink If You Are Under 21
It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage. A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail. Despite efforts to lower the drinking age, the law remains rigidly enforced. Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest. Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.
Rule #3: Don’t Furnish Alcohol to Minors
Furnishing someone under 21 with alcohol is a first degree misdemeanor. If you are providing the alcohol, make sure you know where it is going. You may be responsible if an underage person consumes the alcohol and face harsh punishments. Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze. The bigger your party the more likely it is to draw attention from law enforcement.
Rule #4: Don’t Use a Fake ID
Just possessing a fake ID is illegal in Ohio and is classified as a first degree misdemeanor. Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension. A popular enforcement method is for police officers to serve as vendors in drive-through establishments: “COPS IN SHOPS”
Rule #5: Don’t Drink Where You Shouldn’t
Ohio has an open container law. It is a minor misdemeanor to possess in public an open container of an alcoholic beverage. You are subject to a fine of up to $150.00 (a minor misdemeanor). Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.
Rule #6: Don’t Be Drunk In or Near a Car
Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys. Physical Control does not require that the vehicle have ever been driven or even started. Under the statute, having the keys within reach will satisfy the definition of having “physical control.” The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.
Rule #7: Don’t Be Disorderly
Disorderly conduct can occur from simply being intoxicated in public. Officers are given a great deal of discretion in determining what constitutes disorderly behavior. Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual. While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.
Rule #8: Don’t burn stuff
Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0. Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.
Rule #9: Disperse When Instructed
Failure to disperse is also a crime in Ohio. You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site. A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.
Rule #10 Don’t Riot
The party is getting out of control. If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law. Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting. Aggravated rioting is a felony level offense. Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
