If your teenager has been arrested for DUI (known in Ohio as OVI, for “operating a vehicle under the influence”), you are not alone. Teenagers and 20-year-olds are more likely to be unaware of how alcohol affects them and take more risks than older adults. It is not surprising then, that while only about 10% of licensed drivers in Ohio are under 21, they are responsible for about 13-17% of fatal drinking and driving accidents.
As a parent, you should guide and protect your teenager through the OVI process. The best ways to do this are to:
In Ohio, the drinking age is 21. This means that in most cases, the consumption of alcohol by anyone under 21 is illegal. However, there are exceptions. People under the age of 21 may consume alcohol:
However, those exceptions clearly don’t allow underage people to drive while under the influence – that is not legal for anyone, underage or not. Standards for underage DUI are actually stricter than those for people over 21.
For people over 21, the “per se” DUI limit (sometimes thought of as the “legal limit”) is 0.08 blood alcohol content (BAC). For drivers under 21, that cutoff is much lower at 0.02 BAC. For most teenagers, this means they may be considered legally under the influence after having just one drink. An underage DUI in Ohio is known as an OVUAC, for “operating a vehicle after underage consumption.”
If your child is under 18 and charged with an OVI, they will face their charge in county juvenile court. Possible consequences there include:
Drivers over the age of 18 will face their charge in municipal adult court. Possible penalties for underage drivers between 18 and 21 who are convicted of a first OVUAC include:
Penalties get harsher for drivers between 18 and 21 who are convicted of a second OVUAC, and include:
Criminal penalties are not the only way that an OVUAC conviction may affect your child. There are many longer-term impacts to consider, including:
OVUAC convictions stay on your child’s record permanently and cannot be sealed or expunged.
Your child being charged with OVI can be a very frightening and stressful experience, but it is something that many other parents have successfully navigated. As a parent, you will probably experience a range of emotions: shocked, angry, concerned, helpless, distrustful of your child, uncertain of what to do. The most important first step is to hire an experienced attorney to assist you through the legal process. A lawyer will be able to provide invaluable guidance, reducing the strain you are feeling. It may also be beneficial for you and your child to attend therapy sessions or counseling while the case is ongoing, and once your child’s OVI charge is resolved.
For a resource on how to talk to your child about drinking, see:
https://www.madd.org/the-solution/power-of-parents/
A conviction for OVUAC could result in long-term consequences for your teenager or 20-year-old. Call us today to discuss your case with a knowledgeable and experienced attorney who can work with you for a better outcome.
Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]