Columbus OVI/DUI Attorney Blog
An 18-year-old Ohio man was charged with DUI (called ‘OVI’ in Ohio) and other offenses after hitting a school bus carrying students. According to WLWT5, the young man’s blood alcohol content was reported as .25. For individuals under age 21, there is a unique OVI-related offense in Ohio.
The Offense of OVUAC for People Under 21
For drivers of all ages, paragraph (A) of Ohio Revised Code section 4511.19 makes it illegal to operate a vehicle with a prohibited concentration of alcohol. The prohibited concentration is .08% for blood, .08 grams per 210 liters of breath, and .011 grams per 100 milliliters of urine. This is commonly referred to as the ‘legal limit’, and the offense is called Operating a Vehicle under the Influence (OVI).
For people under 21 years of age, the ‘legal limit’ is lower. Paragraph (B) of ORC 4511.19 creates a separate offense for individuals in that category, and it’s called Operating a Vehicle after Under Age Consumption (OVUAC). Paragraph (B) makes it illegal for a person under 21 to operate a vehicle with a prohibited concentration of alcohol. The prohibited concentration is .02% for blood, .02 grams per 210 liters of breath, and .028 grams per 100 milliliters of urine. The ‘legal limit’ for individuals under 21 is 25% of the ‘legal limit’ for individuals age 21 and over.
Investigation of OVUAC Offenses
The investigation of OVUAC is essentially the same as the investigation for OVI cases. It starts with law enforcement coming into contact with an individual and developing a suspicion that individual is under the influence. If an officer develops that suspicion, the officer typically administers field sobriety tests. The tests are the same for people of all ages.
If the officer completes the investigation and determines there is probable cause to believe the individual violated the law, the officer arrests the individual. The officer ordinarily asks the individual to submit to a breath alcohol test. If the result of the breath test is at or over .02 (but under .08), the officer charges the individual with OVUAC.
There may be a difference in the determination of probable cause. Some courts in Ohio have determined that the amount of evidence necessary to constitute probable cause is lower for people under 21 because the ‘legal limit’ is lower for them. Other courts have concluded the amount of evidence is the same for all persons, regardless of age.
Prosecution of OVUAC Offenses
If a person charged with OVUAC is an adult, the prosecution occurs in an ‘adult’ court. The person will attend mandatory court appearances in a municipal court, county court, or mayor’s court. If a person charged with OVUAC is a juvenile, the prosecution occurs in juvenile court. It may be the juvenile court with jurisdiction where the offense occurs or the juvenile court with jurisdiction where the juvenile lives.
Penalties for OVUAC Offenses
The penalties for OVUAC are different than the penalties for OVI. For a first-offense OVI, the mandatory penalties include a jail term of three days to 180 days, a fine of $565 to $1,075, a driver’s license suspension of one year to three years (with 15 days of hard time before eligibility for driving privileges), and six driver’s license points.
For an adult first-offense OVUAC, the mandatory penalties include a jail term of zero to 30 days, a fine of $0 to $250, a driver’s license suspension of 90 days to two years (with 60 days of hard time), and four driver’s license points.
For a juvenile OVUAC, the penalties include confinement in a juvenile detention facility for up to five days, a fine of up to $100, a driver’s license suspension of up to two years (with no mandatory hard time), and four driver’s license points.
Sometimes the Differences Don’t Matter
In the case of the young man who hit the school bus, OVUAC is a non-issue. The offense of OVUAC is charged when the blood alcohol concentration is at or over .02 but under .08. In that young man’s case, the blood alcohol concentration was reported as .25. In addition, there was reportedly a third vehicle involved in the collision, and the driver was seriously injured. As a result, the young man was charged with OVI (not OVUAC) and Aggravated Vehicular Assault, and his case will be held in a common pleas court.