Underage OVI Attorney in Warren

Ohio law includes a specific OVI offense for drivers under the age of 21 who drink and drive. It’s called OVUAC, which stands for “operating a vehicle after underage alcohol consumption.” Many people also refer to this charge simply as “underage consumption.” You’ll find it described in Section 4511.19(B) of the Ohio Revised Code. The legal team at Youngstown Criminal Law Group can walk you through exactly what this law means for your situation.

The legal limit for adults over the age of 21 is 0.08 percent. For minors, or anyone under 21, that limit is much lower. The penalties tend to be less severe for underage drivers, but the rules around driving privileges and license suspension stay the same for both age groups. If you’re facing this kind of charge, an experienced Warren OVI attorney can help you understand where you stand.

The blood alcohol content that triggers an OVUAC charge changes slightly in its wording depending on the type of test used—whether that’s whole blood, blood serum or plasma, breath, or urine. For most drivers, a result showing at least a .02 percent blood alcohol concentration means you’re considered to be driving while intoxicated.

Don’t underestimate how seriously Ohio treats this. If you’re under the age of 21 and an officer stops you and smells alcohol on your breath, you will be arrested for OVUAC. Even if you show no signs of impairment, the smell alone is enough to get you arrested. A skilled Warren criminal lawyer understands that Ohio has zero tolerance for underage drinking and driving.

Driving After an OVUAC Charge

Any driver under the age of 21 whose Blood Alcohol Content (BAC) falls between .02 percent and .08 percent on a breath test will face an OVUAC charge. This is where the differences between underage consumption and adult OVI start to become clear.

For example, as long as the underage driver’s BAC stays under .08 percent—or under any of the other levels listed in Section 4511.19(A) of the revised code—he won’t receive an Administrative License Suspension, or ALS, from the Bureau of Motor Vehicles. That’s one important distinction a knowledgeable Warren OVI attorney can point out.

However, if that same driver refuses to submit to chemical testing of his blood, breath, or urine, he will receive an ALS. In that scenario, all the rules for adult OVI apply, including the arresting officer completing BMV Form 2255.

On top of that, an underage driver whose test results show a BAC higher than .08 percent—or any of the other levels listed in Section 4511.19(A)—will also face an ALS along with the BMV Form 2255 procedures.

Probable Cause in Underage Consumption

Keep in mind that a driver who is a minor can be arrested for OVUAC no matter how the alcohol is affecting him, or even if it isn’t. Whether or not the driver is actually impaired isn’t the central issue when it comes to underage drinking and driving, as any Warren criminal lawyer will tell you.

If the driver has had even a single sip of beer and the officer smells it—or simply suspects he’s been drinking—the officer can request a breath test. Officers are allowed to ask for breath tests even without probable cause to believe the driver is inebriated. If the underage driver refuses the test, or takes it and registers between .02 and .08 percent, the officer can complete the form to administratively suspend that person’s driver’s license for underage consumption, not for OVUAC. The driver will not be placed under arrest for OVI in this case.

The ALS form gets filled out either way, but it will only be processed if the driver refuses to submit to the breath, blood, or urine test. Understanding this distinction is something a Warren OVI attorney can help clarify.

When You’re an Impaired Underage Driver

If an officer pulls over a minor for a traffic violation and believes the person is impaired by alcohol or drugs, the young driver will be arrested and receive an ALS. In this situation, the arrest is handled just like any other OVI arrest, with charges worded in a similar way.

The offender’s first court appearance will be scheduled no sooner than five days after the arrest. If the juvenile is convicted, the penalties will closely mirror those an adult would face, including the chance to attend alcohol education classes. A trusted Warren criminal lawyer can guide a young driver and their family through every step of this process.

If you or your child is facing an underage OVI charge in Trumbull County, contact Youngstown Criminal Law Group at (330) 791-8104 to discuss your options today.