Underage OVI Attorney in Warren, Trumbull County, Ohio

Understanding OVUAC and Underage Consumption Charges

What is OVUAC?

In Ohio, there’s a specific charge for individuals under 21 who drink and drive called OVUAC, or “operating a vehicle after underage alcohol consumption.” This is also known as “underage consumption.” According to the Ohio Revised Code Section 4511.19(B), this offense is taken very seriously.

Legal Limits and Penalties

• Legal Limit for Adults (21 and over): 0.08 percent BAC
• Legal Limit for Minors (under 21): 0.02 percent BAC

While the penalties for minors are generally lower, the consequences related to driving privileges and license suspension are similar for both age groups.

Blood Alcohol Content (BAC)

The BAC threshold for OVUAC differs slightly based on the type of test administered, whether it’s whole blood, blood serum or plasma, breath, or urine. Typically, a BAC of at least 0.02 percent will classify you as driving while intoxicated if you are under 21.

Consequences of OVUAC

Make no mistake; if a police officer stops you and detects alcohol on your breath, you can be arrested for OVUAC—even if you don’t seem impaired. Ohio maintains a strict no-tolerance policy for underage drinking and driving.

Driving After an OVUAC Charge

BAC Between 0.02% and 0.08%

Any driver under 21 with a BAC between 0.02 percent and 0.08 percent will face an OVUAC charge.

Penalties for Underage Consumption vs. Adult OVI

• Underage Drivers with a BAC below 0.08 percent will not receive an Administrative License Suspension (ALS) from the Bureau of Motor Vehicles.
• Refusal to Submit to Testing leads to an ALS and requires compliance with adult OVI protocols, including the completion of BMV Form 2255 by the arresting officer.
• BAC Over 0.08% will subject the driver to all standard adult OVI procedures and penalties, including an ALS.

Probable Cause in Underage Consumption

Remember, impairment is irrelevant when it comes to OVUAC charges. Even a suspicion of alcohol consumption can prompt an officer to request a breath test. Refusal to take the test or a result showing a BAC between 0.02 percent and 0.08 percent can lead to administrative license suspension.

Procedures

• Breath Test can be requested without probable cause of inebriation.
• ALS Form will be filled out regardless but only processed if the driver refuses the test.

When You’re an Impaired Underage Driver

If a minor is stopped for a traffic violation and suspected of alcohol or drug impairment, they will be arrested and receive an ALS.

Court Appearance and Penalties

• Initial Court Appearance will be scheduled no less than five days post-arrest.
• If Convicted the minor will face similar penalties to adults, including mandatory alcohol education classes.

By understanding these laws and potential consequences, you can better prepare yourself or your loved ones for what to expect if charged with OVUAC. Always consult your  or call us (330) 992-3036 Warren OVI lawyer for detailed guidance tailored to your specific situation.