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Oregon Revised Statutes

Or. Rev. Stat. § 471.430 (2026)

Purchase or possession of alcoholic beverages by person under 21; entry of licensed premises by person under 21; penalty; immunity; suspension of driving privileges; assessment and treatment

✓ current as of May 2026
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      471.430 Purchase or possession of alcoholic beverages by person under 21; entry of licensed premises by person under 21; penalty; immunity; suspension of driving privileges; assessment and treatment. (1) A person under 21 years of age may not attempt to purchase, purchase or acquire alcoholic beverages. Except when a minor is in a private residence accompanied by the parent or guardian of the minor and with the parent’s or guardian’s consent, a person under 21 years of age may not have personal possession of alcoholic beverages.

      (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of alcoholic beverages, or any portion or a drink of alcoholic beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service.

      (3) Except as authorized by rule or as necessitated in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors.

      (4)(a) Except as provided in paragraph (b) of this subsection, a person who violates subsection (1) or (3) of this section commits a Class B violation.

      (b) A person commits a Class A violation if the person violates subsection (1) of this section by reason of personal possession of alcoholic beverages while the person is operating a motor vehicle as defined in ORS 801.360.

      (c) Notwithstanding ORS 153.018, if a person who violates subsection (1) or (3) of this section was under 18 years of age at the time of the violation, the court may not impose any fine for the violation.

      (5) In addition to and not in lieu of any other penalty established by law:

      (a) The court may order a person who violates subsection (1) of this section through misrepresentation of age to perform community service; and

      (b) The court shall order, when a person violates subsection (1) of this section, that the person’s driving privileges and right to apply for driving privileges be suspended pursuant to ORS 809.260 and 809.280. The court notification made to the Department of Transportation under this paragraph may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

      (6) If a person cited under this section is at least 13 years of age but less than 21 years of age at the time the person is found in default under ORS 153.102 or 419C.472 for failure to appear, in addition to and not in lieu of any other penalty established by law, the court shall issue notice under ORS 809.220 to the department for the department to suspend the person’s driving privileges under ORS 809.280 (4).

      (7) In addition to and not in lieu of any penalty established by law, the court may order a person who violates this section to undergo assessment and treatment as provided in ORS 471.432. The court shall order a person to undergo assessment and treatment as provided in ORS 471.432 if the person has previously been found to have violated this section.

      (8) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the Oregon Liquor and Cannabis Commission or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages to persons who are under 21 years of age.

      (9) The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of a licensee, an eligible business, as defined in ORS 471.521, or a third-party delivery facilitator, as defined in ORS 471.521, for the purpose of investigating possible violations by employees or agents of the licensee, eligible business or third-party delivery facilitator of laws prohibiting sales or deliveries of alcoholic beverages to persons who are under 21 years of age.

      (10)(a) A person under 21 years of age is not in violation of, and is immune from prosecution under, this section if:

      (A) The person contacted emergency medical services or a law enforcement agency in order to obtain medical assistance for another person who was in need of medical assistance due to alcohol consumption and the evidence of the violation was obtained as a result of the person’s having contacted emergency medical services or a law enforcement agency; or

      (B) The person was in need of medical assistance due to alcohol consumption and the evidence of the violation was obtained as a result of the person’s having sought or obtained the medical assistance.

      (b) Paragraph (a) of this subsection does not exclude the use of evidence obtained as a result of a person’s having sought medical assistance in proceedings for crimes or offenses other than a violation of this section. [Amended by 1963 c.243 §2; 1965 c.166 §1; 1971 c.159 §6; 1975 c.493 §1; 1979 c.313 §8; 1991 c.860 §2; 1999 c.646 §1; 1999 c.1051 §186; 2001 c.791 §4; 2007 c.41 §1; 2007 c.298 §1; 2009 c.228 §1; 2011 c.355 §21; 2014 c.11 §1; 2017 c.20 §1; 2021 c.351 §103; 2021 c.597 §30; 2023 c.539 §19]

Notes of Decisions
Cited in 35 cases (7 in the last 5 years), 1961–2025 · leading case: State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
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State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009). · cites it 18× “385, and possession of liquor by a minor (MIP), ORS 471.430, the state appeals from a pretrial order of the trial court granting defendants’ motion to suppress all evidence obtained as a result of an investigation by a- Tillamook County deputy sheriff in August 2005, concerning…”
State v. Fries, 185 P.3d 453 (Or. 2008). · cites it 4× “The *549 question, as the court stated it in Gordineer , was whether, if the defendant “gave a bottle of intoxicating liquor to the minor with intent to relinquish all right of possession and control over it,” the minor would possess the liquor in violation of ORS 471.430. Id.…”
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014). · cites it 2× “130(1) and ORS 471.430. The first statute proscribed the selling of liquor to minors by licensees, and the second criminalized the purchase of liquor by minors.”
Miller v. City of Portland, 604 P.2d 1261 (Or. 1980). · cites it 2× “ORS 471.430 prohibits minors, under the circumstances here, from purchasing or acquiring alcoholic liquor [10] and provides a penalty for the violation (a fine).”
State v. J. C. N.-V., 380 P.3d 248 (Or. 2016). “002(2) (1983) (voting); ORS 471.430 (1963) (purchase of alcohol).”
State v. Backstrand, 220 P.3d 748 (Or. Ct. App. 2009). · cites it 2× “Further, the statutes governing licensed establishments selling alcoholic beverages do provide that a person under the age of 21 is criminally liable if he or she "enter[s] or attempt[s] to enter any portion of a licensed premises that is posted or otherwise identified as being…”
State v. McVay, 833 P.2d 297 (Or. 1992). · cites it 4× “ORS 471.430. 2 When the officers tried to take defendant to a detoxification center, he pulled away and ran.”
State Ex Rel. Juv. Dep't v. White, 730 P.2d 1279 (Or. Ct. App. 1986). · cites it 2× “NOTES [1] ORS 471.430 provides, in part: (1) No person under the age of 21 years shall attempt to purchase, purchase or acquire alcoholic liquor.”
State v. Gordineer, 366 P.2d 161 (Or. 1961). · cites it 2× “But in so far as the constitutional question raised by the defendant is concerned, the facts of the case are immaterial. Assuming that the act of giving the intoxicating liquor consisted of the offering by the defendant of single drinks and the acceptance of those drinks by the…”
State v. Vinh Ba Nguyen, 212 P.3d 1284 (Or. Ct. App. 2009). · cites it 2× “" The above definitions support the conclusion that the Portland City Council intended the word "possession" in Portland City Code 14A.50.010(B) to refer to the legal concepts of actual and constructive possession.”
State v. Day, 733 P.2d 937 (Or. Ct. App. 1987). “She was found to have violated ORS 471.430, which prohibits persons under 21 years of age from possessing alcohol.”
Smith v. Harms, 865 P.2d 486 (Or. Ct. App. 1993). · cites it 2× “The court analyzed those claims under common law negligence and negligence per se for violation of ORS 471.430. It concluded that an underage purchaser of alcohol could not recover damages against the seller under either theory: “[W]e believe it is inappropriate to use ORS 471.”
Show all 35 citing cases →
— Or. Rev. Stat. § 471.430(1) — 3 cases
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009). “385, and possession of liquor by a minor (MIP), ORS 471.430, the state appeals from a pretrial order of the trial court granting defendants’ motion to suppress all evidence obtained as a result of an investigation by a- Tillamook County deputy sheriff in August 2005, concerning…”
State v. M. A. C., 339 Or. App. 491 (Or. Ct. App. 2025).
State v. M. A. C., 339 Or. App. 491 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 471.430(2) — 1 case
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009). “385, and possession of liquor by a minor (MIP), ORS 471.430, the state appeals from a pretrial order of the trial court granting defendants’ motion to suppress all evidence obtained as a result of an investigation by a- Tillamook County deputy sheriff in August 2005, concerning…”
— Or. Rev. Stat. § 471.430(3) — 1 case
State v. Backstrand, 220 P.3d 748 (Or. Ct. App. 2009). “Further, the statutes governing licensed establishments selling alcoholic beverages do provide that a person under the age of 21 is criminally liable if he or she "enter[s] or attempt[s] to enter any portion of a licensed premises that is posted or otherwise identified as being…”
— Or. Rev. Stat. § 471.430(4)(a) — 1 case
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009). “385, and possession of liquor by a minor (MIP), ORS 471.430, the state appeals from a pretrial order of the trial court granting defendants’ motion to suppress all evidence obtained as a result of an investigation by a- Tillamook County deputy sheriff in August 2005, concerning…”
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