Underage DUI OVI Lawyer Columbus, Ohio

Ohio’s law on driving under the influence (DUI), now referred to as operating a vehicle while impaired (OVI), has very little tolerance for underage drinking and driving. If you are under the age of 21, the allowable level of alcohol in your system while operating a motor vehicle is .02% per 210 liters of the person’s breath.

Compared to the permissible level of.08% for adults, it is essentially a zero-tolerance policy since the average-sized male or female will be over .02% after less than one drink. This strict threshold highlights the state’s commitment to preventing underage drunk driving incidents and protecting young drivers.

Operating a motor vehicle after underage alcohol consumption is a misdemeanor of the fourth degree. In addition to the possibility of 30 days in jail and a $250 fine, community service, probation, treatment, and license suspensions are all possibilities. These penalties can significantly impact a young person’s life, affecting their academic career, future employment prospects, and overall well-being.

Developing a strong defense strategy with the help of a Columbus underage DUI lawyer can be instrumental when seeking to minimize or avoid some of these penalties.

Columbus, Ohio, is home to the third-largest university in the country. Many of the students will remain under the age of 21 for most of their college years.  Most of them are unlikely to know they are subject to a different standard when driving after drinking.

It is extremely important to have experienced legal representation for most, if not all DUI/OVI cases. Facing underage DUI charges in Ohio can be a frightening and stressful experience.

While talking with a Columbus OVI lawyer is important to ensure your rights are protected, the answers to the following frequently asked questions can provide some helpful background information:

What is considered underage drinking and driving in Columbus, Ohio?

In Columbus and around Ohio, consuming alcohol under the age of 21 is illegal. Virtually any amount of alcohol will raise your BAC above the .02 limit. If you then operate a motor vehicle, it is considered underage drinking and driving. Consequently, it is essential to learn about the implications of minimal alcohol consumption as a young driver.

What are the consequences of driving under the influence (DUI) as a minor in Ohio?

If you are a minor and are convicted of OVI in Ohio, your punishment can include:

• Jail time of up to 30 days
• Fines of up to $250, with court costs and other costs potentially raising that amount
• License suspension for 90 days up to two years
• Community service
• Probation, meaning supervision by a probation officer and strict adherence to specific requirements
• Mandatory attendance at and participation in alcohol education programs designed to educate participants about the dangers of alcohol consumption

Also, while it is not a court-mandated penalty, the appearance of a DUI conviction on your record can affect everything from your chances of getting into college and obtaining financial scholarships to finding employment. In other words, a DUI/OVI conviction can have long-term consequences.

Can a minor be charged with DUI even if their blood alcohol content is below the legal limit?

Yes, minors in Ohio can be charged with DUI even if their BAC is below the legal limit for adults (0.08%). Because of the state’s zero-tolerance law, a DUI charge can be made for someone under 21 with a BAC of 0.02%. This is an important distinction to understand. You shouldn’t assume you are off the hook because you had a low BAC. It is critical to contact an underage DUI/OVI attorney in Columbus if you face allegations of underage drinking and driving.

What are some common defenses used in underage DUI cases?

The defenses that can be used in underage DUI cases depend on the situation surrounding the charge. They can include challenging the accuracy of the BAC test, contending that the traffic stop leading to the charge was illegal, or showing that the individual was not actually in control of the vehicle. (See below.) An experienced under 21 DUI lawyer in Columbus, OH, can evaluate your case and determine the defense strategy most likely to produce a positive outcome.

Can a minor claim a defense of “mistaken identity” if they were not the one driving the vehicle?

Yes, in some cases, mistaken identity can be a valid defense. If you were not the driver, your underage OVI attorney in Columbus can present evidence to support this claim. For example, they might find witnesses who can testify that you weren’t the driver. There might also be video footage or other forms of evidence to support your claim. Providing a strong alibi is critical in these situations.

What happens if a minor is arrested for DUI?

When a minor is arrested for DUI, they are typically taken to a police station for “processing.” Processing may involve a breath or blood test to determine their BAC. They might also be kept in custody for a period for their safety. If you’ve been arrested for DUI/OVI, you should contact a Columbus underage DUI lawyer as soon as possible. They can help protect your rights, including advising you on how to interact with law enforcement. Plus, simply knowing you have someone supporting you and advocating for your rights can take some of the stress out of a very upsetting situation.

Can a minor’s parents be held responsible for their child’s DUI?

An under 21 DUI lawyer in Columbus, OH, can explain that parents typically are not held directly responsible for their child’s DUI unless they provide the alcohol. Still, the consequences of the DUI can indirectly affect the parents, especially if the minor lives at home, as they may not be able to drive themself to work, appointments, etc.

The guidance of a skilled and experienced under 21 DUI lawyer in Columbus, OH, can be essential for understanding the law and interacting with the justice system. They can provide the legal representation and support you need to protect your rights and minimize the potential consequences of these charges.

They can help you explore your legal options and develop a strong defense strategy. Look for a Columbus underage DUI lawyer with a proven track record in handling underage DUI cases.

An underage DUI affects a young person’s life beyond the immediate legal consequences. It can harm relationships with family and friends, create financial burdens, and lead to emotional distress for everyone involved.

An experienced attorney can often recommend resources for counseling and support to help a young person and their family deal with these additional challenges. It’s also important to address the underlying issues that may have contributed to the DUI charge.

Legal representation by an under 21 DUI lawyer in Columbus, OH, can help a family get through the challenges posed by a DUI charge. But, needless to say, it is best if this type of situation never occurs.

Open communication between parents and teens about the dangers of underage drinking and driving can be pivotal. Promoting and modeling responsible decision-making can help reduce the risk of these types of incidents. Providing alternative transportation options, like offering to take a minor to and from events, can also be helpful.

In addition, community-based programs and educational initiatives can play a crucial role in raising awareness and changing attitudes about underage drinking and driving.

In summary, Ohio’s underage DUI laws are designed to deter minors from drinking and driving. These laws are stricter than those for adults, reflecting the state’s commitment to preventing alcohol-related accidents involving young drivers. The state takes a strict approach to these offenses, with a very low BAC limit for those under 21. The 0.02% limit means that even a small amount of alcohol can put an underage driver in violation of the law.

The penalties for an underage DUI conviction can include jail time, fines, license suspension, and mandatory alcohol education programs. An OVI attorney in Columbus can explain these laws in detail and help you navigate the legal process, ensuring you understand your rights and options.

If you have been arrested or charged with underage DUI, you should consider hiring an experienced DUI defense lawyer from The Maher Law Firm to help you fight your case. Just as in an adult DUI case, certain procedures must be followed in order for the charges to be legitimate.

Call 614-205-2208 or contact us for a free case consultation with a Columbus, Ohio, DUI lawyer.