In Oklahoma, it’s illegal to sell or furnish alcoholic beverages to someone under 21. A first offense for this crime is a misdemeanor. When you break this law for the first time, you could be fined up to $500 and/or spend up to a year in jail.
However, a second offense for selling or furnishing alcohol to a person under 21 is a felony, carrying stiffer penalties. A person with two or more violations of this law faces up to five years in prison and/or a fine between $2,500 and $5,000.
Additional Consequences For Selling Alcohol to a Person Under 21
There are consequences in addition to possible fines and/or incarceration. For one, the ABLE Commission will revoke a convicted person’s employee license to sell alcoholic beverages
Secondly, the offender must attend a court-ordered victim’s impact panel. This is a meeting with at least one live presenter who will share personal stories with participants about how alcohol, drug abuse and the illegal conduct of others has personally impacted the life of the presenter.
Ways to Avoid a Conviction for Selling Alcohol to a Person Under 21
Basically, there are two ways to avoid a conviction for this crime.
Win at trial.The first way to avoid a conviction is to win at trial before a judge or jury. To get a conviction, the State would have to prove beyond a reasonable doubt that the defendant: 1) sold or furnished an alcoholic beverage; 2) to a person younger than 21 years old. If the State doesn’t prove those two elements beyond a reasonable doubt, the defendant is not guilty. However, if the State does adequately prove its case, the defendant risks incarceration.
Deferred Sentence. The second, and most common way, to avoid a conviction is by getting a deferred sentence as part of a plea deal. With a deferred sentence, the defendant will be on probation for a certain period of time. Additionally, the defendant will have to obey certain conditions of probation.
The great thing about a deferred sentence is that at the end of the probation, the case will be dismissed. (Assuming that there are no violations of the probation conditions). Also, the defendant will not have a conviction for that case and the record of it will be expunged (sealed).
Sources: Okla. Stat. Tit. 37A sec. 6-101(A)(1) [prohibiting the sale, delivery of furnishing of alcoholic beverages to a person under 21; Okla. Stat. Tit. 37A sec. 6-120 [Penalties for selling, furnishing, or Giving an Alcoholic Beverage to a Person Under Twenty-One (21) Years of Age]
What To Do If Charged With Selling Alcohol to a Person Under 21
As you can see, this type of crime has serious consequences. The only person you should talk to about your arrest is an attorney. For a free initial consultation and defense strategy plan, call the Cale Law Office at 918-277-4800 or contact us through the web.
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.