What Minors Need to Know About DUI/OVI Penalties
Posted on Jul 21, 2016 12:25pm PDT
The legal drinking age is 21, but unfortunately, it’s all too easy
for underage individuals to access alcohol. When underage drinking is
combined with operation of a motor vehicle, serious accidents can result.
When an individual under age 21 is charged, then operating a vehicle while
under the influence (OVI) is referred to as the operation of a vehicle
after underage consumption (OVUAC). This type of
OVI charge may be brought when an underage person has allegedly been found with a
blood alcohol concentration (BAC) of 0.02%. If you’re facing an
OVUAC charge, talk to a DUI attorney in Columbus, Ohio, without delay.
Pre-Trial Sanctions
Even before an underage OVI case goes to trial, the
defendant can face pre-trial sanctions. Pending an Administrative License Suspension (ALS) hearing, the defendant’s
driver’s license or permit can be suspended. The suspension may
last between six months and three years. However, a DUI attorney can represent
the defendant at the administrative hearing and argue in favor of the
restoration of the driver’s license.
First Offense
A first offense is prosecuted as a fourth-degree misdemeanor. It is at
the discretion of the court to decide whether to impose a jail term of
up to 30 days or a fine of up to $250.
Second Offense
If an underage offender faces OVUAC charges for the second time within
a year, then the prosecutor can pursue third-degree misdemeanor charges.
The court can impose a class four judicial suspension, which is a definite
suspension of the driver’s license or permit for one to five years.
The court is given discretion to impose other penalties, which h might
include a jail term of up to 60 days. The defendant may be ordered to
pay a fine of up to $500.
Associated Charges
It is possible for defendants who are facing OVUAC charges to be charged
with other criminal offenses at the same time. Some common charges filed
against underage drinkers include minor in possession of alcohol, solicitation
of alcohol, and distribution of alcohol to other minors. The underage
drinker may be charged with the possession of false identification and
possibly child endangerment violations. These charges can bring additional
legal penalties upon conviction.