Underage OVI Attorney in Carrollton

There is a specific offense within the law for individuals under the age of 21 who drink and drive, referred to as OVUAC—“operating a vehicle after underage alcohol consumption.” This charge is also known as “underage consumption.” The Ohio Revised Code addresses OVUAC under Section 4511.19(B). A Carrollton OVI lawyer from the Youngstown Criminal Law Group can provide a detailed explanation of this law and what it means for your case.

While the legal blood alcohol limit for adults – those 21 and older – is 0.08%, the limit for drivers under the age of 21 is significantly lower. Though the penalties for minors tend to be less severe compared to adults, the consequences tied to driving privileges, such as license suspension, remain consistent for both age groups.

The acceptable blood alcohol content (BAC) level under OVUAC slightly varies depending on the test used (whole blood, blood serum or plasma, breath, or urine). For most cases, a BAC of 0.02% is enough for a driver under 21 to be considered intoxicated.

Arrests for OVUAC

Make no mistake—if you are under the age of 21 and a law enforcement officer stops you and detects alcohol on your breath, you can be arrested for OVUAC. Even if you do not appear impaired, the mere smell of alcohol will likely lead to your arrest. Ohio enforces zero tolerance for underage drinking and driving.

Driving After an OVUAC Charge

If a teen or driver under 21 registers a BAC between 0.02% and 0.08% on a breathalyzer test, they will be charged with OVUAC. However, there are distinctions between the penalties for underage consumption and those imposed under adult OVI laws:

• No ALS for BAC Under 0.08%

If a driver’s BAC is under 0.08% (or the corresponding levels mentioned in Section 4511.19(A) of the Ohio Revised Code), they will not endure an Administrative License Suspension (ALS) issued by the Bureau of Motor Vehicles.

• ALS for Refusal to Test

If a driver refuses to take a breath, blood, or urine test, an ALS will be issued. The same rules apply as with an adult OVI, including the arresting officer completing Bureau of Motor Vehicles Form 2255.

• Higher BAC Levels Lead to Stricter Penalties

If the minor’s chemical test shows a BAC of more than 0.08%, they will face an ALS and must follow the same Bureau of Motor Vehicles Form 2255 procedures as adult offenders.

Probable Cause in Underage Drinking and Driving

It’s important to note that an underage driver can be arrested for OVUAC irrespective of whether the alcohol has visibly impaired their driving. Underage drinking and driving do not center on impairment but on consumption.

If an officer smells alcohol or suspects its consumption, they can request the driver to submit to a breathalyzer test, even without establishing probable cause for impairment. If the minor refuses the test or registers a BAC level between 0.02% and 0.08%, the officer will complete the ALS paperwork. However, the driver will not be placed under arrest for OVI unless their BAC level is above 0.08%.

The ALS form will be prepared regardless of refusal but will only be processed if the minor declines to submit to the test.

When an Underage Driver is Impaired

If an officer believes a minor is impaired by alcohol or drugs after being stopped for a traffic infraction, they will be arrested and receive an ALS. This arrest will follow standard OVI arrest protocols, with similarly worded charges applied.

The initial court appearance for a minor charged with OVI will be scheduled no earlier than five days after the arrest. If convicted, the penalties will include familiar components, such as license suspension, potential fines, and mandatory alcohol education programs. The process will align closely with the penalties an adult would face in similar circumstances.

Assistance from Professionals

Navigating underage OVI charges can be complex, particularly given the dynamic nature of laws like OVUAC. Guidance from a Carrollton criminal lawyer can ensure you understand your options, the implications of the charges, and the best strategies for defense. The Youngstown Criminal Law Group specializes in assisting clients with OVI cases across Carroll County and beyond. Their expertise delivers clarity and direction in a stressful time.

Whether you’re a parent advocating for your teenager or a young adult facing the overwhelming implications of OVUAC, legal advice from the Youngstown Criminal Law Group can greatly improve the outcome of your case. Don’t hesitate (330) 992-3036 to reach out to a Carrollton OVI lawyer for support.