Underage DUI / OVI Lawyer Columbus Ohio – OVUAC
In Ohio, it is against the law to drink alcohol while you are under the age of 21 years old. The Ohio legislature has passed “zero tolerance” laws pertaining to underage driving while under the influence of alcohol or drugs (OVI / DUI).
If you or your child has been charged with Operation of a Vehicle after Underage Consumption in Ohio (OVUAC), hiring an experienced underage OVI / DUI attorney is critically important. The Columbus underage OVI / DUI lawyers at Tyack Law Firm have more than 40 years of combined experienced handling underage drunk driving cases in Columbus (Franklin County), and surrounding central Ohio counties and mayor’s courts, including Delaware County, Marysville (Union County), Licking County, Fairfield County, Madison County, and Pickaway County.
Columbus Underage OVI / DUI Attorney
If you are under 21 and get behind the wheel after drinking, the ramifications of an OVI / DUI in Ohio can be severe. Since underage consumption and possession is criminal offense on its own, the legal limit for those under 21 years old is much lower than it is for legal drinkers.
In Ohio, a person under the age of 21 years old can be charged with an underage OVI / DUI in Ohio if that person either has:
- Blood Alcohol Concentration of 0.2% or more (whole blood)
- Blood Alcohol Concentration of 0.96% or more (blood serum or plasma)
- Breath Alcohol Concentration of 0.2 grams or more
- Urine Alcohol Concentration of 0.028 grams or more.
Consequences of Underage OVI / DUI Conviction in Ohio
The consequences of an underage OVI / DUI conviction in Ohio can be detrimental to newly licensed drivers. Generally, an OVUAC is a misdemeanor of the fourth degree. The penalties for an underage OVI / DUI conviction in Ohio are:
- Incarceration: 0 to 30 days in jail
- Fines: Up to $250.00
- Alcohol/drug addiction program optional
- Driver’s License Suspension: Class 6 (90 days to 2 years)
- Driving Privileges: Only available after 60 days
- Retesting for your license (both written and driving exams)
- Required completion of an eight-hour remedial driving class (no BMV credit)
- Requirement to maintain an SR-22 insurance bond on file with the Ohio BMV
Due to the severity of the potential legal consequences of being charged with OVUAC in Ohio, it is important to contact an experienced Columbus underage OVI / DUI attorney as soon as possible. Tyack Law Firm’s underage DUI / OVI lawyers in Columbus will investigate and fight your underage OVI / DUI charge.
A second OVUAC offense in Ohio is charged as a third-degree misdemeanor and could lead to extended penalties including suspension of your driver’s license for between 1 and 5 years, up to 60 days in jail, and up to $500 in fines. If you are tested at over 0.08%, you will be charged with operating a vehicle while impaired (OVI). Depending on your age at the time of the arrest, the charges may be filed in either adult court or juvenile court.
Knowing Your Rights When Stopped Under Suspicion of Underage OVI / DUI in Ohio
In an Ohio underage OVI / DUI case, it is important that you know your rights. You have the right to refuse to submit to any type of testing, including field sobriety testing and chemical testing. This means that, if the police officer does not have a search warrant, you can refuse a breathalyze test, urine test, and/or blood test. However, if you choose to refuse to submit to a chemical test, you will face an administrative license suspension (ALS) in Ohio. Tyack Law Firm’s knowledgeable underage OVI / DUI lawyers in Franklin County, Ohio can assist you with motioning the court to stay or terminate your ALS while your underage OVI / DUI case is pending. Our experienced underage DUI / OVI attorneys can also assist you with acquiring driving privileges while your case is pending, which will permit you to drive for work, school, and other important matters while we fight for you.
If and when you are stopped by a Central Ohio police officer, you must provide the officer with your name, driver’s license, vehicle registration, and vehicle insurance. However, you are not required to answer any of the officer’s questions. If you are stopped under the suspicion of OVUAC in Ohio, you may be asked where you are coming from, where you are going, how much you had to drink, whether you were drinking earlier that day. In most cases, it is in your best interest to immediately inform the officer that you want to speak to a criminal defense attorney before you say or do anything. If a police officer or Ohio State Highway Patrol trooper continues questioning you, you can ask the officer or trooper if you are free to leave.
In many OVI / DUI cases in Ohio, police officers or troopers are relying upon the individual stopped to provide evidence that will ultimately be used against them. This evidence includes field sobriety testing results, chemical testing results (blood, alcohol, breath), admissions of alcohol consumption, and other potentially incriminating statements. In most cases, it may be best for a person charged with underage OVI / DUI in Columbus or surrounding areas to refuse to submit to any tests and to refuse to answer any questions without an experienced OVUAC lawyer present.
Defense Tactics Used By Tyack Law Firm’s Underage OVI / DUI Attorneys in Franklin County, Ohio
When it comes to providing a comprehensive defense to your underage OVI / DUI charge in Ohio, our Tyack Law OVI defense attorneys implement several different defense mechanisms. For example, under the Federal and Ohio Constitutions, a police officer is only lawfully able to pull a person over if they have probable cause to stop your vehicle without a warrant for a purported traffic violation or if they have reasonable suspicion to believe a criminal act—such as driving under the influence of alcohol or drugs (OVI / DUI)—is occurring or has taken place and the officer seeks to confirm or refute his or her suspicion of criminal activity.
The Fifth Amendment to the United State Constitutions affords you the right to not make any incriminating statements against yourself without being first made aware of your Miranda rights. Law enforcement officers nonetheless utilize coercive tactics in an attempt to make a person suspected of underage OVI / DUI in Ohio say something that they would not otherwise have said. If this occurs, our experienced criminal defense attorneys in Franklin County may be able to use a coerced statement defense in your OVUAC case.
If you do submit to chemical testing, our knowledgeable DUI / OVI lawyers in Franklin County, Ohio may be able to challenge testing errors.
Tyack Law Firm | Underage OVI / DUI Lawyers
If you have been arrested for underage DUI / OVI in Ohio, it is imperative that you contact an experienced Columbus DUI / OVI lawyer to fight for you in court. Our underage drunk driving attorneys have a proven track record of achieving positive outcomes for clients facing OVUAC charges throughout central Ohio.
Contact the Tyack Law Firm at (614) 221-1342 for a consultation with our Columbus criminal defense lawyers about your underage OVI / DUI case in Columbus, Franklin County, and the surrounding counties of Pickaway County, Madison County, Delaware County, Licking County, Union County, and Fairfield County in Ohio.
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