Juvenile DUI in Ohio and the Learner’s Permit
My 15 year-old was caught drinking. How will this affect her ability to get her license?
Ohio has adopted a very low alcohol level for persons under 21. R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine). These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.” See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25. Juveniles who test over the .02 percent threshold are charged, not with OVI, but with “operating a vehicle after underage consumption.” (OVUAC). Ohio case law seems to allow a sliding scale for probable cause in OVUAC cases “[b]ecause the per se limit for a R.C. 4511.19(B)(2) violation is so minimal, an officer may have probable cause to arrest a person under twenty-one years of age based on more ‘subtle’ factors than traditional indicia of probable cause for adult drivers.” State v. Gibson, 2000 WL 303134 (Ohio Ct. App. 4th Dist. Ross County 2000).
If a person under the age of fifteen years, six months is found guilty of being over the prohibited alcohol levels for underage individuals, she will not be eligible to be issued a temporary permit until attaining the age of sixteen years. See Id. at 25 and R.C. 4301.99(B). If the person is fifteen years, six months or older and has not been issued a temporary instruction permit or probationary driver’s license she shall not be eligible to be issued such a license or permit for six months. Id. at 25.
Charles M. Rowland II is a leading Dayton, Ohio DUI attorney who dedicates his practice to defending the accused drunk driver. Contact Charles Rowland at (937)318-1DUI or 1-888-ROWLAND. If you need immediate assistance, please text DaytonDUI (one word) to 50500. You can also sign up for text alerts atwww.DaytonDUI.com/blog.
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