Underage DUI/OVI Offenses

It is illegal for persons, under the age of 21, to drive with a blood alcohol content (“BAC”) greater than .02.  If you are stopped by a police officer with a BAC greater than .02 but less than .08, the officer usually will charge you with operating a vehicle after underage consumption (“OVUAC”).  If your BAC is over .08 you will be charged with a DUI/OVI.  The penalties for a first offense OVUAC are different from a standard DUI/OVI.  The penalties are as follows:

• Minimum license suspension of three months up to a maximum of two years.
• Four points on your Ohio driver’s license. 
• Maximum jail sentence of 30 days.
• Maximum fine of $250.

There are no minimum jail or fine sanctions for OVUAC charges as there are for DUI/OVIs. These penalties are less severe than a DUI/OVI, however, a court is only permitted to grant driving privileges after 60 days (this is called hard time and this is greater than a first offense DUI/OVI hard time).

Also, there are additional reinstatement requirements with OVUACs.  You must complete a remedial driving instruction course given by an accredited driving school; you must file an SR-22 with the bureau of motor vehicles (“BMV”), which must be effective for at least one after your license suspension has expired; you must pay a reinstatement fee; and, you must take and complete successfully the driver license examination.