Navigating OVUAC: Driving Under the Influence While Underage in Ohio

In Ohio, young drivers under the age of 21 are subject to specific and stricter laws concerning drinking and driving. A key piece of legislation they must understand is OVUAC, which stands for Operating a Vehicle After Underage Consumption. This law is designed to specifically target drivers who are not yet of legal drinking age. Here’s a detailed breakdown of what OVUAC entails, helping you stay informed and legally compliant.

What Does OVUAC Mean?

OVUAC, or “Operating a Vehicle After Underage Consumption,” is a charge applied to drivers under 21 who have consumed alcohol. This differs significantly from a standard OVI (Operating a Vehicle Impaired) charge because OVUAC is exclusively for underage individuals and enforces much lower blood alcohol content (BAC) limits. A New Castle criminal lawyer can provide more specific guidance on these differences.

The BAC thresholds that can lead to an OVUAC charge are defined as follows:

• Breath Alcohol Concentration (BrAC): from .02g to less than .08g
• Whole Blood Alcohol Level: from .02% to less than .08%
• Blood Serum or Plasma Alcohol Level: from .03% to less than .096%
• Urine Alcohol Concentration: from .028g to less than .11g

Addressing the Charge of OVUAC

An officer may charge an underage driver with OVUAC if there’s a suspicion of alcohol consumption, such as the smell of alcohol or observing erratic driving. If a subsequent breathalyzer test reveals a BAC between .02 and less than .08, an OVUAC charge can be issued without the probable cause needed for a full OVI offense. The most critical element is the BAC reading itself, rather than visible signs of impairment. Should you face such a charge, a skilled New Castle DUI lawyer can help navigate your case.

If the driver’s BAC measures .08% or higher, the charge can be elevated to a standard OVI, which carries more severe consequences. It is vital to understand these distinctions, whether you have already encountered this situation or are learning how to prevent legal issues.

Legal Consequences and Procedures

Underage drivers with BAC levels within the OVUAC range might avoid an Administrative License Suspension (ALS) if they consent to a chemical test and the results are below .08% BAC. However, refusing to take the test will automatically trigger an ALS because of the refusal itself, and the standard BMV 2255 form completion process will apply. Consulting a New Castle criminal lawyer can clarify the procedures involved with an ALS.

If the BAC is .08% or higher, an ALS for a positive test result is almost certain, and the same administrative formalities must be completed.

Points to Note for Underage Drivers

• It is illegal for anyone under 21 to operate a vehicle with a BAC between .02% and .08%.
• An officer can request a breathalyzer test based solely on the suspicion of alcohol consumption, without needing probable cause for an OVI.
• Refusing a chemical test, or submitting a test with results between .02% and .08%, can lead to an administrative license suspension even if it doesn’t result in an OVI arrest. A New Castle DUI lawyer can explain the potential long-term impacts of a license suspension.

OVUAC and The Law

The Ohio Revised Code (ORC) Section 4511.19(B)(3) clearly outlines the regulations for underage drinking and driving. For OVUAC cases, the legal system focuses on the act of consumption and the resulting BAC level, not necessarily on proving impairment.

Furthermore, a charge under ORC Section 4301.69 can be brought against an underage individual who buys, pays for, or consumes alcohol. This can result in an immediate ALS, underscoring Ohio’s zero-tolerance approach to underage drinking, especially when combined with driving. Seeking advice from a New Castle criminal lawyer is crucial in these complex situations.

Bottom Line

For young drivers in Ohio, the most important takeaways regarding OVUAC are the strict BAC limits and the serious risk of license suspension, even with very low levels of alcohol. If you find yourself facing these charges, contacting a New Castle criminal lawyer in New Castle, such as the team at Youngstown Criminal Law Group, can provide the necessary legal guidance and support.

It is crucial to stay informed about OVUAC regulations, whether you are a parent educating a young driver or an underage individual yourself. Always drive responsibly and never get behind the wheel after consuming any amount of alcohol. A knowledgeable New Castle DUI lawyer can offer further preventative advice.

Underage Impaired Driving Penalties and Procedures

Arrest and Consequences for Minors Under the Influence

When a law enforcement officer suspects an individual is driving while impaired, they can make an arrest for Operating a Vehicle Impaired (OVI), which immediately triggers an administrative license suspension. After every arrest involving underage consumption, the officer is required to complete Form BMV-2255, the official Administrative License Suspension form.

Minors charged with OVI or Operating a Vehicle after Underage Consumption (OVUAC) go through a legal process similar to adults. This is based on probable cause under Ohio Revised Code (ORC) Section 4511.19(A) when their Blood Alcohol Content (BAC) is .08 or higher. If the BAC is between .08 and less than .170, charges are filed under ORC Sections 4511.19(A)(1)(a) and 4511.19(A)(1)(d). These charges are documented on the Minor’s Uniform Traffic Ticket (MUTT) in the “Description of Offense” section, using the same language as adult charges. A New Castle criminal lawyer can interpret these charges for you.

For cases where a minor’s BAC is at or above .170, the officer will file charges under ORC Sections 4511.19(A)(1)(a) and 4511.19(A)(1)(h), again using language identical to that for adult charges. If there is probable cause to believe a minor is under the influence but they refuse a chemical test, the charge will be ORC Section 4511.19(A)(1)(a).

Typically, the juvenile’s first court appearance is scheduled within five days of the arrest, or on the next business day, at 2:30 PM at the Juvenile Court in the Broadway Building at 800 Broadway. A New Castle DUI lawyer can represent you at this critical hearing.

Seeking Legal Counsel for OVUAC Charges

If you are under 21 and facing charges for operating a vehicle after consuming alcohol or drugs (OVUAC), it is highly recommended to seek the expertise of a New Castle OVI lawyer. Our legal team represents clients facing drunk or impaired driving allegations throughout Coshocton County, Ohio, and the surrounding areas.

We provide detailed advice on the specific protocols used by law enforcement agencies in Coshocton County, OH, for charging underage individuals who have used drugs or alcohol. These agencies include the Coshocton County Sheriff’s Office, the Youngstown Police Department, and the Ohio State Highway Patrol. Our Youngstown Criminal Law Group is also knowledgeable about the operations of the Coshocton County OVI Task Force and its role in OVI investigations, as well as the management of sobriety checkpoints and roadblocks.

To discuss your case with a New Castle OVI attorney in New Castle, OH, please call (330) 992-3036 today.