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Dayton DUI Attorney Charles Rowland > Posts tagged "juvenile ovi"

Juvenile DUI Offenses Cannot Be Used To Enhance Sentence

If you have a juvenile DUI offense on your record, this is big! In a 4-3 decision impacting juvenile DUI cases, State v. Hand, Slip Opinion No. 2016-Ohio-5504, the Ohio Supreme Court declared that treating cases from juvenile court as prior convictions for adult-sentencing purposes is unconstitutional, violating the due-process clauses of the Ohio and U.S. constitutions, and is “fundamentally unfair.” Writing For the Majority...

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Operating A Vehicle After Underage Consumption: Ohio’s Juvenile OVI Law

Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC).  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 or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) 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.”...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Arrested for DUI on Thanksgiving?

If you find yourself in need of a qualified DUI/OVI attorney in the Miami Valley due to an OVI arrest over this Thanksgiving weekend, please contact Charles M. Rowland II at (937) 318-1DUI (1384).  We work hard to bring you the best information on Ohio's tough drunk driving laws.  If this is your first visit to the Ohio DUI/OVI Blog consider starting your search for an attorney by reading the following articles.  We offer a free consultation and a 24-hour DUI Hot-line at 937-776-2671.How to Hire a DUI Attorney Unintended Consequences of a DUI About Chalres Rowland Contact Charles Rowland Miami Valley Municipal Court...

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Underage Consumption in Ohio

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code...

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Limited Driving Privileges

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right...

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Juvenile DUI Addressed in Ohio Supreme Court

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).PROCEDURAL HISTORYOn...

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Juvenile OVI (Operating a Vehicle After Underage Consumption)

Juvenile BAC Limit is .02 in Ohio 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 or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense "operating a vehicle after underage consumption" (OVUAC).  In State v. Gibson, 2000 WL 303134 (Ohio Ct. App. 4th Dist. Ross County 2000), the Fourth Appellate District held that "because the pers se limit for...

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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...

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Dayton DUI/OVI Defense for the Juvenile Defendant

Under 21 DUIs (Operating a Vehicle After Underage Consumption) Ohio has declared "WAR" on underage drinking by passing a series of laws designed to present a "zero tolerance" policy toward under 21 DUI/OVI.  If you are under 21 and test over .02% blood alcohol concentration (BAC) 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.  An underage DUI (called OVUAC, or, "operating after underage consumption") can have consequences on academic/athletic scholarships, college admission, sports eligibility,job opportunities and may present other harsh unintended consequences.  Given...

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