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If you have a child under 21 charged with drunk driving in Ohio, it is a completely different story than for anyone over 21. The BAC (blood alcohol content) limit for anyone under 21 is .02 and it is .08 for anyone over 21 because their personal alcohol tolerance is supposedly much lower than those of adults.

If a person under age 21 gives police a breath test result over .02 but under .08, they may be charged with Operating a Vehicle after Underage Consumption (OVUAC). If the test result is over .08, the charge will typically then be the same regular OVI (DUI) that an adult would be charged with. If your child refuses a breath or chemical test, but law enforcement believe that your child is intoxicated based on their balance, driving, any smell of alcohol, etc., he still will be charged with a DUI/OVI. In court, law enforcement will have to convince a jury that your child was impaired through their observations. The best criminal defense attorney will argue that police often times have very different opinions about what an intoxicated person looks like as opposed to a jury.

There will be an Administrative License Suspension imposed immediately if your child gave a breath or chemical test OR refused them. The length of the suspension varies according to what happened, how many prior refusals or any other tests that he obtained in the past. An aggressive criminal defense attorney can aid in getting his driving privileges back but there is some imperative time that must be served without driving.

Sentencing for a person under 21 who is convicted of DUI/OVI in adult court, depends on the particular charge and the court. If your child is found guilty of an OVUAC DUI/OVI, the penalties could include, for a first offense; a jail sentence of up to 30 days, a fine of up to $250, a license suspension of up to two years, yellow license plates, alcohol treatment, and probation. For a second OVUAC conviction, the jail sentence may be up to 60 days, the fine may be up to $500, and the license suspension may be up to five years.

If your child is convicted instead in a juvenile court, the sentence might include a license suspension of up to two years, alcohol treatment, a fine, and probation. For an OVI, the sentence may also include confinement in a detention facility.

A person convicted of OVUAC must also wait for a mandatory 60-days to get limited driving privileges for work and school. Additionally, a person convicted of OVUAC must re-take the driver’s license test and periodically provide proof of insurance with the Ohio B.M.V. A conviction for OVUAC can also enhance a later conviction for OVI so that the later conviction carries tougher mandatory minimum penalties.

The Bottom Line:  These penalties are extreme and your child’s life can be turned upside down.  Often times there are cases where the young driver was actually not impaired, or testing was done improperly or a number of other factors. Your child needs to be represented by a skilled and aggressive criminal defense attorney. Call me: 513-260-2099