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In Ohio, if you are under the age of 21, arrested for a DUI, and asked to submit to a breath test, your legal limit is not the same as an adult. The legal breath test limit for anyone over the age of 21 is .08. The legal breath test limit for anyone under the age of 21 is .02, a significantly lower legal limit. If are under 21, submit to a breath test and blow above .02, you are likely to be charged with Operation of a Vehicle after Underage Consumption or OVUAC.
Contact a highly skilled Columbus underage drinking lawyer at our firm at if you’ve been charged with underage drinking and driving.
If you are ultimately convicted of an OVUAC, there are a number of mandatory penalties your judge may enforce. You will have a minimum license suspension of 90 days. The first 60 days of your suspension is considered “hard time,” meaning you will not be eligible for any driving privileges for the first 60 days of your suspension.
Additional mandatory penalties for an OVUAC conviction include:
An underage DUI charge is a serious alcohol-related offense. An OVUAC conviction carries a number of penalties that will immediately make your life difficult and follow you throughout the rest of your adult life. Therefore, it is critical that you give your OVUAC charge the attention it deserves.
If you get pulled over and suspected for an OVUAC, you should know that you do have rights. You have the right to refuse a breathalyzer, urine, and/or blood test if there is no search warrant. Keep in mind that if you choose to refuse a chemical test, you will face a license suspension. Fortunately, an attorney may assist you in regaining driving privileges so that you can get to school and work if your license does get suspended.
Although you must provide the police officer with your name, driver’s license, and car insurance details, you do not have to answer any incriminating questions they may ask you. Examples of these types of questions include, “where did you drink?” and “how much do you think you’ve had to drink?”
It is in your best interest to remain silent and avoid saying or writing anything. It’s also important to inform the police that you’d like an underage drinking lawyer so that you’ll stop being questioned until they arrive.
At Luftman, Heck & Associates, we understand how stressful getting a DUI under 21 could be. That’s why, an underage drinking lawyer at our firm will take an aggressive and thorough approach when representing you or any other client charged with an OVUAC.
The first goal on any OVUAC case is to get you driving privileges as soon as you’re eligible. The ultimate goal on any DUI under 21 case, prior to litigation, is to negotiate a reduction of the charge to a lesser offense, such as a reckless operation charge. We may use some defense strategies such as:
If you’ve been charged with an underage DUI in Ohio, it’s important to know what you’re up against. If you have any questions or if you need a competent, experienced Columbus underage drinking lawyer to fight for you in court, please contact us at .