Ohio Underage OVI (OVUAC): The Under-21 DUI Law

Ohio holds drivers under 21 to a far lower alcohol limit than adults. While the adult limit is .08, a driver under 21 can be charged for driving with a concentration as low as .02. The offense is called OVUAC, operating a vehicle after underage consumption, and although some call it a “baby DUI,” the consequences for a young person can be serious and long-lasting. Call (937) 318-1384 for a free consultation.

The under-21 threshold set out in what counts as an OVI in Ohio.

What Is OVUAC? (O.R.C. 4511.19(B))

Ohio has made illegal the practice of operating a vehicle after underage consumption. O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent, by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum, plasma, or urine. In 2004, the amended statute renamed the offense “operating a vehicle after underage consumption” (OVUAC). These quasi-zero-tolerance levels are justified by the fact that this age group accounts for a disproportionate share of alcohol-related accidents. You may hear DUI defense attorneys refer to OVUAC as a “baby DUI.”

Penalties for an Underage OVI in Ohio

Ohio has declared “war” on underage drinking by passing a series of laws designed to present a zero-tolerance policy toward under-21 OVI. If you are under 21 and test over .02 percent blood alcohol concentration, you can face penalties including up to 5 years without a driver’s license, as well as up to 30 days in jail and a $250 fine.

When an Under-21 Driver Faces a Full OVI

OVUAC applies to the .02 to .08 range. A driver under 21 who tests at .08 or above, or who is otherwise impaired, can be charged with a standard OVI under the adult statute, not just OVUAC. In that situation, the driver faces the full OVI penalty structure in addition to the concerns unique to a young person.

Read about Adult charges following the ordinary first offense rules.

The License Suspension Wrinkle

There is an important distinction in OVUAC cases. Operating a vehicle after underage consumption does not result in an administrative license suspension if the suspected juvenile both takes the chemical test and the test result is less than .08 percent. That is one of many reasons the specific facts of an underage case matter so much.

School and work driving depends on limited privileges.

Probable Cause and the Low Threshold

Because the per se limit for OVUAC is so minimal, courts have recognized that an officer may have probable cause to arrest a person under twenty-one on more subtle factors than the traditional indicia of probable cause used for adult drivers. See State v. Gibson. This makes careful review of the stop and the officer’s observations especially important in an underage case.

Collateral Consequences for Young People

An underage OVI can reach well beyond the courtroom. An OVUAC or underage consumption charge can have consequences on academic and athletic scholarships, college admission, sports eligibility, and job opportunities, and it may present other harsh and unintended consequences. Given the severity of these consequences, it is important to consult an attorney who understands the intricate defenses available in OVI cases before deciding how to proceed.

Juvenile Court and Why Experience Matters

Charles M. Rowland II has successfully fought for juvenile OVI offenders in Juvenile Courts, Common Pleas Courts, and Municipal Courts throughout Ohio. Because some juvenile court magistrates do not see as many OVI cases as municipal court judges, it is incumbent upon your OVI attorney to be prepared to explain the law as well as advocate for you. Charlie understands the impact an OVUAC or underage consumption charge can have on sports eligibility, college admission, and job opportunities, and having served two terms on his local school board, he is particularly understanding of what is at stake for a young person.

Underage Consumption Is a Separate Charge (O.R.C. 4301.69)

Underage possession or consumption of beer or intoxicants is a separate and serious crime in Ohio, and it is often charged alongside an underage driving offense. Under Ohio Revised Code 4301.69, no underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. These charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000 fine. Worse yet, a conviction may leave a young person with a criminal record, which is far more serious than a fine or court costs. Fear, shame, or guilt may compel someone to want to plead guilty to put the charge behind them, but that decision can have long-lasting and unintended consequences.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Frequently Asked Questions about Ohio underage OVI

Free Consultation

If your child, or you, are facing an underage OVI, an OVUAC, or an underage consumption charge in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.