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Underage drinking - my daughter is 20 and she was in party and had two drinks.

Cleveland, OH |

Some kids were loud and neighbors complained. Police came and asked them questions. Police said she has to go to court for underage drinking. What is the consequence?

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Attorney answers 4


The consequences depend on a lot of factors. The offense is a first degree misdemeanor carrying a maximum of 180 days in jail and $1000 fine. However, most first time offenders can get into a diversion program which consists of a period of good behavior, counseling and/or treatment, and perhaps a fine and/or community service. Most importantly, if the diversion program is completed successfully, the charges are dismissed meaning no conviction and the record can be sealed right away. Get her a lawyer to help into a diversion program and to make sure the record is properly sealed.

If she has some other offenses on her record, she needs the lawyer even more to try and work out a suitable deal. With counsel, even if she has a record, jail should be avoidable. There will probably be a fine and probation if she already has a record. Don't forget that if this is handled poorly, jail is possible so get her a lawyer to get this cleaned up.

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Did she confess to drinking, was a alcohol test given? This is a good opportunity to teach your kids not to talk to the police.


Up to 180 days in jail, probation, community service, she can be ordered to attend certain classes, and a criminal record can all be and some will be the consequences if she is convicted. I suggest helping her find an attorney who can help her avoid a criminal record. Attorney Matthew Bangerter and Neil Rubin can be found on AVVO and are in the Cleveland area. They are both excellent criminal defense attorneys who can help.

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner


it's a first degree misdemeanor punishable by up to 180 days in jail and a 1000 dollar fine. A lot of municipal courts in cleveland have a diversion program but there are a lot of factors that determine if she would be eligible. She should have an attorney to assist in this case.

This answer does not form an attorney-client relationship and is for advice only.