Skilled Dayton Underage OVI Attorneys
Has your child been arrested for OVI in Ohio? If so, it is essential that you seek experienced legal assistance for their defense. Gounaris Abboud has a long history of providing robust defenses for underage drivers and is ready to meet and discuss your case.
For years, our team of OVI defense attorneys has represented clients in Montgomery, Warren, and Butler Counties. If you need a formidable offense to OVI charges involving underage drinking, it is important to have an experienced criminal defense attorney get started on your case immediately to help your child avoid the most severe penalties.
Call our team for help today.
Understanding Underage OVI/OVUAC in Ohio
Operating a vehicle after underage consumption (OVUAC) is a serious crime that can result in significant criminal, civil, and collateral penalties. Found in ORC §4511.19, the charge applies to drivers under the legal drinking age of 21 who drink and operate a vehicle.
If an underage driver’s blood or urine exhibits the following characteristics after a valid test, the driver can be charged with underage drinking and driving:
- Blood Alcohol Concentration (BAC) at or above 0.02% (whole blood);
- BAC at or above 0.96% (blood serum or plasma);
- Breath Alcohol Concentration at 0.02%;
- Urine Alcohol Concentration at or above 0.028 grams.
All underage drivers should know that when law enforcement officers pull over an underage driver and suspect that they have been drinking, the officers will not waiver in enforcing the law.
Even without evidence of impairment, the officers can still charge the driver if their blood alcohol content is at least 0.02%.
Penalties for Underage OVI/OVUAC in Ohio
Minors who are arrested for OVUAC in Ohio can face a myriad of charges depending on the circumstances of their case. If the minor’s BAC is at or above 0.08%, the minor will likely be charged with the first-degree misdemeanor of OVI.
However, when the minor’s BAC is below 0.08% but at or above 0.02%, the charge of OVUAC will be levied, which may be punishable by:
- Jail time for up to 30 days;
- Up to $250 in fines;
- 90-day to 2-year administrative license suspension;
- Suspended driving privileges for 60 days after the arrest.
When a minor loses their driving privileges, it can take some effort to get them reinstated. They may have to retake the driver’s license test and procure financial responsibility insurance. A fee of $475 may also be required as well as enrollment in a driver improvement program for juveniles.
Penalties for Repeat OVUAC Offenses
In most jurisdictions, repeat offenders are treated more harshly than first-time offenders. Ohio is no different. Usually, an underage drinker who is charged with a repeat drunk driving offense will face much more serious charges and consequences than first-time offenders, including more time behind bars, higher fines, and longer license suspension times.
| Penalties | Underage DUI (BAC ≥ 0.08) Can Be Classified as Traditional OVI | OVUAC (BAC 0.02 – 0.079) | Repeat OVUAC Offenses |
|---|---|---|---|
| Fine | Up to $1,000 | Up to $250 | Up to $500 |
| Jail Time | Up to 5 days to 6 months | Up to 30 days | Up to 60 days |
| License Suspension | 1 year to 5 years | 90 days up to two years | One year up to five years |
| No Driving Privileges | 15 days to 30 days after the arrest | 60 days after the arrest | 60 days after the arrest |
Please keep in mind that these penalties can vary depending on the specific circumstances of the case, any prior convictions, and other factors. It’s essential to consult with an underage OVI attorney for personalized legal advice and guidance.
It is also essential to rely on an experienced underage OVI attorney to fight to get you the lowest penalty possible or to get your charges dismissed altogether.
