Attorney Scott A. Rubenstein
It’s Summer and with that comes extra law enforcement on the road, ramped up DUI checkpoints and a lot more underage drinking. The celebrating of high school graduation, the kids home from college, and the going away parties are constant. In Ohio, if you are under 21 and arrested for a DUI, please know that your legal limit will not be the same as an adult, if you submit to any testing. The legal breath test for anyone under 21 is .02 while a person older is .08.
As a criminal defense attorney in Ohio, my best advice to everyone is to not take any testing if you are pulled over. However, being pulled over rattles everyone and often I have underage clients who submit to breath tests and have blown over a .02, which means a charge of OVUAC – Operation of a Vehicle after Underage Consumption.
Conviction of an OVUAC comes with mandatory penalties. Minimum license suspension of 90 days of which the first 60 days are considered ‘hard time’, meaning you are not eligible for any driving privileges. You will have to retest for your license – written and driving exams, complete an 8 hour remedial driving class and maintain a SR22 insurance bond on file with the BMV. An SR22 Bond provides $25,000 bodily injury for any 1 person injured / $50,000 bodily injury per accident when 2 or more people are injured, and $25,000 in property damage liability coverage in the event you are at fault in an accident. It covers you as a driver.
The charge is serious enough to make your future difficult and something that could follow you all through your adult life. You need an aggressive, experienced criminal defense attorney to represent you. Ohio is very strict and provides very little tolerance of underage drinking. The average size male or female can register at over .02 after just one drink. Some even less than one drink.
The Bottom Line: I represent clients all the time that have been charged with an OVUAC. I have the experience and legal understanding needed to vigorously represent you throughout the entire process. With my help you have the potential of a much better outcome after fighting these charges. As a criminal defense attorney, I will investigate the incident, explore defense strategies and identify what diversion programs may be available (programs that if complied with, can result in the dismissal of charges). I may be able to work with the prosecutor to reduce charges-even get a case dismissed in certain circumstances. Sometimes, criminal arrest records may be eligible for expungement after a certain period. Call me. 513-260-2099
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