Underage DUI Attorney in Mercer

In Pennsylvania, there is a specific offense for individuals under 21 who drink and drive, legally known as OVUAC, which stands for “operating a vehicle after underage alcohol consumption.” This charge is often referred to as “underage consumption” and is detailed in Section 4511.19(B) of the Pennsylvania Revised Code. An experienced attorney can clarify the specific details of this law for you.

While the legal blood alcohol limit for adults over 21 is 0.08%, the threshold for minors is significantly lower. The penalties for an underage offense are generally less severe than an adult DUI, but the consequences regarding license suspension can be just as serious.

The specific blood alcohol content (BAC) that constitutes an OVUAC can vary based on the testing method used—whether it’s a whole blood, blood serum/plasma, breath, or urine test. In most cases, a BAC reading of at least .02% is enough to be considered intoxicated and lead to a charge.

It’s important to understand Pennsylvania’s zero-tolerance stance on underage drinking and driving. If you are under 21 and a police officer pulls you over and detects the smell of alcohol, you can be arrested for OVUAC. This can happen even if you do not seem impaired. The mere presence of alcohol can be enough for an arrest. A Mercer criminal lawyer can provide guidance if you find yourself in this situation.

Driving After an OVUAC Charge

Any driver under the age of 21 with a BAC between .02% and .08% on a breath test will face an OVUAC charge.

There are key differences between the penalties for underage consumption and an adult DUI. For instance, if an underage driver’s BAC is below .08% (and other levels specified in Section 4511.19(A)), they will not face an Administrative License Suspension (ALS) from the Bureau of Motor Vehicles (BMV).

However, an ALS will be imposed if that same driver refuses to take a chemical test of their blood, breath, or urine. In that scenario, the standard procedures for an adult DUI are applied, which includes the arresting officer completing BMV Form 2255.

Similarly, an underage driver whose test results indicate a BAC of .08% or higher (or other levels outlined in Section 4511.19(A)) will also be subject to an ALS and the associated BMV Form 2255 process. Seeking advice from a Mercer DUI lawyer can be crucial in these circumstances.

Probable Cause in Underage Consumption

A minor can be arrested for OVUAC regardless of whether the alcohol has visibly affected their driving ability. The central issue is not impairment but the act of drinking and driving while underage.

If an officer suspects a minor has consumed even a small amount of alcohol—perhaps by smelling it—they can request a breath test. Officers are permitted to ask for this test even without probable cause to believe the driver is intoxicated. If the driver refuses the test or if the result is between .02% and .08%, the officer can initiate an administrative license suspension. This is a crucial point that a Mercer criminal lawyer in Mercer can help navigate. The driver would not be arrested for DUI in this specific instance.

The ALS form is completed in these situations, but it is only processed if the driver refuses the chemical test.

When You’re an Impaired Underage Driver

If a police officer stops a minor for a traffic offense and believes they are impaired by alcohol or drugs, the young person will be arrested and given an ALS. This arrest is handled similarly to a standard DUI arrest, with comparable charges.

The offender’s first court appearance is typically scheduled at least five days after the arrest. If convicted, a juvenile can face penalties similar to those for an adult, including the requirement to attend alcohol education classes. A Mercer DUI lawyer in Mercer can represent you during these proceedings.It is important for anyone facing these charges to understand their rights and the potential consequences. Consulting with the Logue Law Group can provide clarity and a strategic defense. A knowledgeable Mercer criminal lawyer will work to protect your future. Call us now at 412.389.0805.