Dayton Underage OVI Attorneys
If your child is facing an OVI charge, find an experienced underage DUI attorney. Gounaris Abboud in Dayton has the track record and experience your case needs.
50+
Years Combined
Experience
95%
Success
Rate
400+
Google
Reviews
Skilled Dayton DUI Attorneys for Underage Drivers
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 DUI and DUI/OVI cases and is ready to meet and discuss your case.
For years, our legal team of DUI attorneys has represented clients in Montgomery, Warren, Butler, and Greene County. If you need a formidable DUI defense against 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. DUI stands for driving under the influence, and in Ohio, these offenses are prosecuted under the OVI statute.
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 they have been drinking, officers will not hesitate to enforce the law. Even without evidence of impairment, a police officer can still charge the driver if their blood alcohol content is at least 0.02%. Refusing a chemical test, such as a blood test or urine test, results in an automatic license suspension of one year under Ohio law.
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. First-time OVI offenders face mandatory jail time ranging from 10 days to up to six months, and first-time OVI fines range from $565 to $1,075.
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. First-time offenders can regain limited driving privileges after 15 days in some cases, depending on the specific facts of the DUI case and the judge’s decision.
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 charged with a repeat drunk driving charge will face much more serious DUI charges and consequences than first-time offenders, including more jail time, higher fines, and longer license suspension times. A second OVI offense can lead to a driver’s license suspension of one to seven years, and an ignition interlock device may be required before driving privileges are restored.
| 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.
Secure Your Future – Get a Free Consultation Today!
Don’t wait too long to get started on your defense against the OVI/OVUAC charges against you. Contact Gounaris Abboud for a free consultation and to potentially avoid a DUI conviction.
Collateral Consequences of OVUAC Charges
Criminal penalties are not the only ramifications of a conviction for OVI/OVUAC. You may also face real consequences that affect your future because you will now have a permanent criminal record.
Certain penalties for underage OVI can affect education and employment opportunities in significant ways. Some of these difficult consequences include:
Finding employment is complicated greatly by having a criminal record. Jobs involving driving become nearly impossible to get.
With a DUI, it is difficult or impossible to obtain or renew certain professional licenses.
As with employers, many property owners and managers prefer not to rent to individuals with criminal records, even if the crime was a misdemeanor and happened long ago.
If a person has a DUI charge on their criminal record, they will be treated much more severely if they must return to criminal court.
With a conviction for OVI/OVUAC, there is nowhere to hide. The public, including your family, friends, and future employers and associates can simply type in your name and get detailed information about your DUI charge.
Sadly, these issues follow many underage drunk drivers for the rest of their lives. There is for some, however, the potential of having their records sealed.
Defenses for Underage OVI Charges
At Gounaris Abboud, our main focus when representing clients charged with underage OVI is crafting the most effective defense against your underage drinking and driving charges. Depending on how your incident took place, we likely have various options.
An illegal traffic stop can lead to an all-out dismissal of the charges against you. The Fourth Amendment protects you against unreasonable searches and seizures. A traffic stop is a type of seizure and must only take place if it is reasonable.
Unfortunately, police officers regularly operate outside of legal bounds when stopping motorists. If this happens to you, our team can potentially get the evidence against you thrown out and the charges dismissed.
A chemical test, including a breath test, blood test, or urine test, is only as reliable as it is functional and administered correctly. If a chemical test was not functioning or was administered improperly in your case, we will find out and use this information for your defense. High-tier test results can sometimes be challenged based on the calibration of the testing device or how the alcohol testing was conducted.
All criminal convictions must have enough evidence that would allow a reasonable jury to convict. However, police hunches and other non-verifiable evidence are often used to justify underage OVI charges.
One of the first things we consider at Gounaris Abboud is the evidence against our clients. If the prosecution’s case is lacking in this respect, we’ll vigorously attack the deficit and fight to get your charges dropped.
When arresting someone, the police are required to take steps to ensure that they are well aware of their rights.
The familiar spiel that starts with “You have the right to remain silent” is a required notification that the police must give to everyone they arrest. Failure to do so can result in the exclusion from evidence of any statement you utter during or after your arrest.
Ohio law enforcement shows little mercy when prosecuting underage drivers for operating a vehicle while impaired. However, a skilled Dayton DUI lawyer can mount an effective DUI defense against the charge and mitigate or eliminate the negative consequences the young person might face.
Gounaris Abboud has defended thousands of drivers throughout Ohio and has saved the futures of many young people charged with OVUAC and OVI. Our Dayton DUI attorneys can help restore driving privileges after suspension and are deeply familiar with how prosecutors at municipal courts and Ohio courts build these cases. If you or someone you care about is facing one of these charges, we can potentially help.
Has a law enforcement officer charged you or someone you care about with OVUAC or OVI? Don’t panic. An OVUAC charge isn’t the end of the story. When Gounaris Abboud gets involved, we work diligently to get your charges dropped, dismissed, or reduced.
How Our Dayton DUI Lawyers Can Help You
Local OVI attorneys know local court procedures and judges, and local attorneys understand how local prosecutors build cases. Once we take your case, our legal team will handle all of the tasks necessary to effectively defend against the state. Our law firm includes former prosecutors who understand the inside of these cases, giving clients a meaningful advantage.
We also help you avoid or deal with the collateral consequences of OVUAC and OVI charges that can affect your everyday life and livelihood. So give us a call and let our team help.
- Investigating all aspects of the incident
- Meeting with the police and prosecution regarding your case
- Gathering the evidence necessary for your defense
- Developing effective defense strategies
- Fiercely negotiating with the prosecution
- Fighting for you in municipal court, including Mason Municipal Court, Huber Heights, and other Dayton, Ohio area courts, if your case goes to trial
Why Choose Us for Your Underage OVI Defense?
- Nearly six decades of collective experience
- Industry-recognized defense lawyers in Ohio and other states
- Effective and aggressive advocacy
- Free consultations and ’round-the-clock availability
- Legal services tailored to each client’s unique circumstances
- Deeply knowledgeable in DUI law and the laws and procedures relating to underage OVI charges
- A long track record of success in getting clients’ charges dropped or reduced
An experienced Dayton DUI lawyer and experienced criminal defense attorney team like ours, with knowledge of the Dayton area and Ohio Bureau of Motor Vehicles processes, including the Ohio BMV, can make a real difference in the outcome of your DUI/OVI case. Our Dayton, Ohio law firm is ready to help you today.
FAQs
The charge of underage operating a vehicle while impaired (OVI) is an offense that occurs when a person who is under the legal age for drinking alcohol operates a vehicle after drinking alcohol and has a blood alcohol concentration of at least 0.08% or more. For those individuals found to be with BACs below 0.08%, a separate charge exists for underage drinkers only.
It is operating a Vehicle after Underage Consumption (OVUAC) in Ohio is a drinking and driving charge that is exclusively reserved for individuals who drink and drive and are under the age of 21. To be charged with OVUAC in Ohio, an underage driver must have a BAC of at least 0.02% and below 0.08%. It is distinct from the charge of operating a vehicle impaired (OVI).
OVI and OVUAC both deal with drinking and driving. However, OVI applies to drivers aged 21 and older. On the other hand, OVUAC is a drinking and driving charge brought exclusively against minors and adults under the age of 21. Additionally, OVI addresses BACs at or above 0.08%, while OVUAC addresses BACs in the range of 0.02% to 0.08%.
The legal BAC limit for minors or anyone under 21 years of age is 0.02%. BACs at 0.02% and over can lead to an OVUAC charge. At 0.08% and above, the charge is OVI, even if the operator is under 21 years of age.
Yes. Jail time is a possibility if you are convicted of underage OVI or OVUAC. How long your time in jail lasts depends on various factors, including whether you have a criminal record, the presence of aggravating factors, and your actual BAC level. Repeat offenders are likely to spend some time in jail.
Yes. It is highly likely that your insurance rates will be affected if you are convicted of OVI/OVUAC. Insurance companies base their rates on complex risk assessments that assign much weight to drinking and driving, causing the rates of those who drink and drive to go up significantly.
In Ohio, it is possible to have an OVI or OVUAC charge sealed. Whether a case is eligible for expungement depends on the criminal record of the person seeking expungement, the circumstances of the incident in which they were charged, and other factors. A driving record with an OVI or OVUAC may also affect your ability to obtain limited driving privileges or an ignition interlock device arrangement during the suspension period. The criminal defense lawyers at Gounaris Abboud can help determine whether your case would qualify for sealing and work to get this done for you if it does.