Underage OVI Attorney in Steubenville

There is a specific OVI offense detailed in the law for individuals under the age of 21 who operate a vehicle after consuming alcohol. This is officially known as OVUAC, which stands for “operating a vehicle after underage alcohol consumption.” Sometimes, this charge is simply referred to as “underage consumption.” The Ohio Revised Code explicitly outlines this offense in Section 4511.19(B). The legal team at Youngstown Criminal Law Group can explain the nuances of this law to you in detail.

Blood Alcohol Limits for Minors

While the legal limit for adults (those 21 and older) is set at 0.08 percent, individuals under 21 face a significantly lower threshold. The penalties associated with this crime are generally less severe than an adult OVI, but the license suspension and driving privileges aspects remain identical for both age groups. A knowledgeable Steubenville criminal lawyer can help you understand these differences.

The exact wording for blood alcohol content in an OVUAC case varies slightly depending on the testing method used, which can include:

• Whole blood
• Blood serum or plasma
• Breath
• Urine

For the majority of underage drivers, if the test results indicate a blood alcohol concentration (BAC) of at least .02 percent, they are legally considered to be driving while intoxicated. Make no mistake: if you are a minor and a law enforcement officer pulls you over and smells alcohol, you will be arrested for OVUAC. A skilled Steubenville OVI attorney knows that even if you show no signs of impairment, the mere odor of alcohol is enough for an arrest. Ohio maintains a strict zero-tolerance policy for underage drinking and driving.

Driving After an OVUAC Charge

Any driver under 21 whose BAC registers between .02 percent and .08 percent on a breath test will face an OVUAC charge. There are notable differences between the penalties for underage consumption and a standard adult OVI. For instance, provided the underage driver’s BAC remains below .08 percent (or any other limits specified in Section 4511.19(A) of the Ohio Revised Code), they will avoid an Administrative License Suspension (ALS) from the Bureau of Motor Vehicles. To navigate these complexities, consulting a lawyer is highly recommended.

However, if the underage driver refuses a chemical test of their blood, breath, or urine, an ALS will be issued. In this scenario, all adult OVI rules apply, including the arresting officer completing BMV Form 2255. Furthermore, if a minor tests higher than .08 percent, they will face an ALS and standard BMV Form 2255 procedures. Having a dedicated Steubenville OVI attorney can make a significant difference in these legal situations.

Probable Cause and the Impaired Underage Driver

Keep in mind that a minor can be arrested for OVUAC regardless of whether their driving is actually impaired by the alcohol. If an officer suspects a minor has consumed even a single sip of beer, they can request a breath test without needing probable cause of inebriation. If the minor refuses, or tests between .02 and .08 percent, their license can be administratively suspended for underage consumption.

If a minor is stopped for a traffic violation and the officer believes they are actively impaired by alcohol or drugs, the youth will be arrested and given an ALS. This is treated just like an adult OVI arrest. The initial court appearance must occur no less than five days after the arrest. If convicted, the juvenile faces penalties similar to an adult, including mandatory alcohol education classes. For aggressive representation, contact with a Steubenville criminal lawyer at Youngstown Criminal Law Group today by calling (330) 791-8104.