Underage OVI Attorney in New Castle

In Ohio, there’s a specific offense for individuals under 21 who drink and drive, legally termed “operating a vehicle after underage alcohol consumption,” or OVUAC. This charge is also commonly known as “underage consumption.” The specifics of this law are detailed in Section 4511.19(B) of the Ohio Revised Code. A qualified attorney can provide a thorough explanation of this statute.

While adults aged 21 and over have a legal blood alcohol limit of 0.08 percent, the threshold is significantly lower for minors. The penalties associated with the crime are also generally less severe, although the consequences for driving privileges and license suspension are consistent across both age groups. A New Castle DUI lawyer can clarify these differences.

The blood alcohol content (BAC) that constitutes an OVUAC can differ based on the type of test administered, whether it’s whole blood, blood serum or plasma, breath, or urine. In most scenarios, if your test results indicate a blood alcohol concentration of at least .02 percent, you are legally considered to be driving while intoxicated.

It’s crucial to understand that if you are under 21 and a police officer stops you and detects the smell of alcohol, you can be arrested for OVUAC. An arrest can occur even without visible signs of impairment, based solely on the odor of alcohol. Ohio maintains a strict zero-tolerance policy for underage drinking and driving, which a New Castle criminal lawyer from Youngstown Criminal Law Group can explain in more detail.

Driving After an OVUAC Charge

Any driver under the age of 21 who registers a Blood Alcohol Content (BAC) between .02 percent and .08 percent on a breath test will face an OVUAC charge.

There are notable differences in the penalties for underage consumption versus an adult OVI. For instance, an underage driver whose BAC is below .08 percent (or other levels specified in Section 4511.19(A) of the revised code) will not be subject to an Administrative License Suspension (ALS) from the Bureau of Motor Vehicles.

However, if that same driver refuses to undergo chemical testing of their blood, breath, or urine, they will incur an ALS. In such cases, all the procedures applicable to an adult OVI are followed, including the arresting officer’s completion of BMV Form 2255. A knowledgeable New Castle DUI lawyer is essential in these situations.

Furthermore, an underage driver with a test result showing a BAC above .08 percent (or other specified levels in Section 4511.19(A) of the revised code) will also face an ALS and the associated BMV Form 2255 procedures.

Probable Cause in Underage Consumption

Remember, a minor can be arrested for OVUAC regardless of whether the alcohol is visibly affecting their driving ability. The driver’s level of impairment is not the central issue when it comes to underage drinking and driving.

If a driver has had even a small amount of beer and the officer smells it—or merely suspects alcohol consumption— the officer has the right to request a breath test. Law enforcement can request these tests even without probable cause to believe the driver is intoxicated. If the underage driver refuses the test, or takes it and shows a reading between .02 and .08 percent, the officer can initiate the administrative suspension of their driver’s license for underage consumption (distinct from an OVUAC charge). The driver will not be arrested for OVI in this specific instance. A New Castle criminal lawyer can navigate these legal nuances.

The ALS form will be completed regardless, but it is only processed if the driver declines to submit to the breath, blood, or urine 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 in the same manner as any standard OVI arrest, with charges framed similarly.

The offender’s first court appearance is scheduled for at least five days after the arrest. If convicted, the juvenile faces penalties similar to those for an adult, including the option to attend alcohol education classes. Engaging a New Castle criminal lawyer early on is crucial for a strong defense. Call us at (330) 992-3036 for free consultation.