Underage DUI Attorney in Pittsburgh

In Pennsylvania, there is a specific offense for individuals under 21 who operate a vehicle after consuming alcohol. This offense is known as OVUAC, which stands for “operating a vehicle after underage alcohol consumption,” and is sometimes referred to simply as “underage consumption.” A knowledgeable attorney from the Logue Law Group can provide a thorough explanation of this statute.

While adults aged 21 and over have a legal blood alcohol concentration (BAC) limit of 0.08 percent, the limit for minors is significantly lower. The penalties for an underage offense are generally less severe, but the consequences related to driving privileges and license suspension are consistent across both age groups.

The specific BAC that constitutes an OVUAC can vary based on the type of test administered—whether it’s whole blood, blood serum or plasma, breath, or urine. In most situations, if your test reveals a blood alcohol concentration of at least .02 percent, you will be considered to be driving while intoxicated. A seasoned Pittsburgh criminal lawyer can help you understand the nuances of these tests.

It’s important to understand that if you are under 21 and a police officer pulls you over and detects the smell of alcohol, you will likely be arrested for OVUAC. You can be arrested even if you do not show signs of impairment, simply based on the scent of alcohol. Pennsylvania enforces a zero-tolerance policy for underage drinking and driving.

Driving After an OVUAC Charge

A driver under the age of 21 who registers a BAC between .02 percent and .08 percent on a breath test will face an OVUAC charge.

There are key differences between the penalties for underage consumption and an adult DUI.

However, if that same driver refuses to undergo a chemical test of their blood, breath, or urine, they will be issued an ALS. In such cases, all the procedures applicable to an adult DUI will be enforced, which includes the arresting officer completing BMV Form 2255. A dedicated Pittsburgh DUI lawyer can provide guidance if you find yourself in this situation.

Furthermore, an underage driver whose test results show a BAC exceeding .08 percent (or the other levels specified in Section 4511.19(A)) will also face an ALS and the associated BMV Form 2255 procedures.

Probable Cause in Underage Consumption

It is crucial to remember that a minor can be arrested for OVUAC regardless of whether the alcohol has visibly affected their ability to drive. The central issue in cases of underage drinking and driving is not impairment, but the act of consumption itself.

If a driver has had even a small amount of an alcoholic beverage and the officer smells it or suspects consumption, they can request a breath test. Officers are permitted to request these tests even without probable cause to believe the driver is intoxicated. If the underage driver declines the test, or if the test shows a BAC between .02 and .08 percent, the officer can initiate an administrative suspension of their driver’s license for underage consumption (which is different from an OVUAC). The driver will not be arrested for DUI in this specific scenario. An experienced Pittsburgh criminal lawyer can clarify these distinctions.

The ALS form will be completed in any case, but it is only processed if the driver refuses to submit to a blood, breath, or urine test.

When You’re an Impaired Underage Driver

If an officer stops a minor for a traffic offense and believes the individual is 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 DUI arrest, with similarly phrased charges.

The offender’s first court appearance is scheduled for at least five days following the arrest. If convicted, the juvenile will face penalties similar to those for an adult, which may include the option to participate in alcohol education programs. A Pittsburgh DUI lawyer can help 412-387-6901 navigate the court process and advocate for the best consultation.