In Ohio, persons under the age of 21 who are charged with drunk driving offenses face a different situation compared to those who are over 21 years old. Although the BAC for those age 21 and over is .08%, the limit for those under the age of 21 is .02%. Those who under 21 years old are prohibited from consuming alcohol, which is why the limit is reduced significantly compared to those who can legally drink alcohol.
If an individual under the age of 21 has a BAC of over .02% but under .08%, they are typically charged with “operating a vehicle after underage consumption” (OVUAC). If an underage driver’s BAC is over .08%, the charge will then be the same regular OVI which an adult would be charged with.
If your child is convicted of an OVUAC or OVI, the first offense is punishable by a maximum jail sentence of 30 days, a fine of up to $250, license suspension of up to two years, alcohol treatment, and probation. A second OVUAC conviction results in a maximum jail sentence of 60 days, a fine of up to $500, and license suspension for up to five years.
However, if your child is convicted instead in a juvenile court (or adjudicated), the disposition (sentence) may include a maximum license suspension of two years, a fine, alcohol treatment, and probation. For an OVI, the disposition can also include confinement in a detention center.
If your child faces an OVI or OVUAC charge in Ohio, our Akron criminal defense lawyers at DiCaudo, Pitchford & Yoder is ready to his or her rights and future. With more than three decades of combined experience, we understand how to make a difference in your child’s case.