Cincinnati Underage OVI Lawyer
Defending Minors in OVI Cases in Ohio
In Ohio, it is illegal for anyone under the age of 21 to consume alcohol. Therefore, any person who is under the legal drinking age and caught driving with a blood alcohol concentration (BAC) of .02% or higher will be charged with underage OVI. If convicted, the minor will face serious penalties, including fines, probation, and driver's license suspension. In addition, a conviction will result in a permanent criminal record, which can make it difficult for the minor to get a job, secure housing, or obtain a loan.
At Herzner Law, LLC, we know what is at stake in these cases, and we are committed to providing the aggressive and effective representation the minor needs to fight the charges. Our Cincinnati underage OVI attorney is well-versed in Ohio OVI laws and has a strong track record of success. We can help you understand your legal options and work to build a strong defense on your behalf.
What Is the Legal BAC Limit for Minors?
Adults who are 21 years of age or older are prohibited from driving with a BAC of .08% or higher in Ohio. However, for minors, the legal BAC limit is much lower: .02%. This means that an underage driver who is caught driving with a BAC of .02% or higher can be charged with OVI, even if he or she is not legally intoxicated. In fact, a .02% BAC is below the legal limit for adult drivers and is below the threshold for legal intoxication.
What Are the Penalties for an Under 21 DUI?
In Ohio, the penalties for an underage OVI conviction are as follows:
- First offense: 90-day driver's license suspension, 3 days to 6 months in jail, $250 to $1,000 in fines, probation, mandatory drug/alcohol assessment, and mandatory attendance at a driver intervention program
- Second offense: 1-year driver's license suspension, 10 days to 6 months in jail, $350 to $1,500 in fines, probation, mandatory drug/alcohol assessment, mandatory attendance at a driver intervention program, and mandatory installation of an ignition interlock device (IID)
- Third offense: 2-year driver's license suspension, 30 days to 1 year in jail, $350 to $1,500 in fines, probation, mandatory drug/alcohol assessment, mandatory attendance at a driver intervention program, and mandatory installation of an IID
It is also important to note that, in addition to the above penalties, a minor who is convicted of underage OVI will face normal OVI penalties if he or she is caught driving with a BAC of .08% or higher. This means that any minor who is caught driving with a BAC of .08% or higher will be charged with both underage OVI and OVI. The penalties for OVI are much more severe and include driver's license suspension, fines, probation, mandatory drug/alcohol assessment, mandatory attendance at a driver intervention program, mandatory installation of an IID, and more.
As such, even if a minor is not legally intoxicated and is not charged with OVI, he or she will still face serious criminal and administrative penalties for an underage OVI conviction. The best way to protect yourself or your child is to consult with an experienced underage OVI lawyer in Cincinnati as soon as possible.
What Are the Penalties for a Minor in Possession of Alcohol?
In Ohio, it is illegal for a minor to possess, purchase, or consume alcohol. As such, a minor who is caught with alcohol in his or her possession will face criminal charges. The penalties for a minor in possession of alcohol are as follows:
- First offense: $250 fine and license suspension for 90 days to 2 years
- Second offense: $500 fine and license suspension for 1 to 5 years
- Third offense: $1,000 fine and license suspension for 2 to 10 years
It is also worth noting that a minor who is found in possession of alcohol in a motor vehicle will face an automatic driver's license suspension of 1 year, even if it is his or her first offense. The minor will also face the above penalties for a minor in possession of alcohol.
Can I Get an Underage DUI Expunged?
If you are convicted of underage OVI in Ohio, you will have a permanent criminal record. This means that the conviction cannot be sealed or expunged. It will remain on your record for life, and anyone who performs a background check will be able to see it. However, if you are not convicted, you will not have a criminal record. Therefore, it is crucial that you retain the services of a skilled underage OVI attorney in Cincinnati who can help you fight the charges and work to get them reduced or dismissed.
How to Fight Underage DUI Charges
There are several defenses that may be effective in an underage OVI case. The right defense strategy for you will depend on the facts of your case, as well as your criminal history (if any). When you turn to our firm, we will conduct a thorough investigation into your case and work to uncover any and all evidence that supports your defense. This may include evidence that the traffic stop was illegal, evidence that the breathalyzer test was improperly administered, or evidence that the breathalyzer test results were inaccurate.
Our goal is to build a strong and effective defense on your behalf, and we will do everything in our power to help you avoid a conviction. If we are able to get the charges reduced or dismissed, we will work to get the arrest and/or conviction expunged from your record. This will allow you to move forward with your life without the burden of a criminal record.
Get the Legal Help You Need Today
When your future is on the line, you cannot afford to take any chances with your legal representation. At Herzner Law, LLC, we are committed to providing the aggressive and effective representation you deserve. Our Cincinnati underage OVI lawyer will fight tirelessly for you throughout every stage of the legal process. We are available 24/7 to answer your call and address your concerns. We will keep you fully informed about your case and provide you with the compassionate and personalized legal counsel you need and deserve.
A testing machine error could be the difference between a spotless and stained criminal record. Let our felony DUI lawyer fight for your rights in court. Call (513) 924-4378 or contact us online today to set up a free consultation.
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