Underage DUI charges in Ohio often lead to life-altering consequences. If you’re under 21, the state’s zero-tolerance policy applies. Blood alcohol content (BAC) of just 0.02% can result in operating a vehicle after underage consumption (OVAUC) charges.
Ohio also charges minors with operating a vehicle impaired (OVI) if their BAC meets or exceeds the 0.08% adult threshold. Both charges can involve license suspension, fines, and mandatory education programs. Consequences may impact your college admissions, scholarships, and future employment.
Our Dayton underage OVI/DUI defense attorneys have more than 50 years of combined experience defending young drivers against OVI and OVAUC charges. We guide drivers and their families through every step, from administrative license hearings to juvenile or municipal court proceedings. If you or your child faces a charge, early legal help makes a difference. Contact us today for a case evaluation and find out how we can build a custom defense for you.
Understanding Underage OVI and OVUAC Charges in Ohio
Driving under the influence of alcohol or drugs is often referred to as DUI in other states. However, Ohio has specific terms for these offenses. Understanding the difference between OVUAC and OVI helps you evaluate what’s at stake if you’re convicted.
Operating a vehicle after underage consumption is a zero-tolerance offense. If you’re underage and caught driving with a BAC between 0.02% and 0.08% (the adult limit), you can be charged with OVUAC. Note that just one drink is enough to put underage drivers over the legal limit.
OVUAC offenses are handled in juvenile court if the driver is under 18. Drivers between 18 and 21 are typically charged in municipal court and are subject to adult penalties. Though OVUAC is less severe than an OVI, it still leads to license suspensions, court-ordered programs, and fines.
If an underage driver’s BAC is 0.08% or higher, they will face a full OVI charge—the same as an adult. OVI is a misdemeanor of the first degree in most first-time cases. Penalties can include jail time, large fines, mandatory license suspension, and ignition interlock device (IID) requirements.
Courts may also order you to participate in alcohol education, community service, or remedial driving courses. Working with a skilled underage OVI/DUI defense attorney from Moermond & Mulligan, LLC can result in reduced or dropped charges, minimized penalties, alternative sentencing options, or acquittal, depending on your unique case and evidence.
Penalties for Underage DUI and OVUAC
Underage DUI charges can result in serious consequences. Whether the charge is OVUAC or OVI, both can affect the rest of your life. Here’s what you face if convicted.
OVUAC Penalties
For drivers under 21 with a BAC between 0.02% and 0.08%, penalties include:
- Up to a two-year driver’s license suspension
- Up to 30 days in jail
- Fines up to $250
- Mandatory attendance in an alcohol education or treatment program
- Probation
You must wait 60 days before you can get limited driving privileges back. You’ll need to retake the driver’s license test. Repeat offenses carry increased penalties, including longer suspensions, registry as a “habitual offender,” and higher fines. Judges may also require community service hours. Finally, you can face underage consumption charges in addition to OVUAC.
OVI Penalties for Underage Drivers
If you’re underage with a BAC of 0.08% or above, or if they show signs of drug or alcohol impairment, you may face an adult OVI charge. Punishments for a first offense may include:
- Up to six months in jail
- A fine of up to $1,075
- License suspension up to three years
- Ignition interlock device (IID) installation
Courts may also require a remedial driving course and alcohol dependency evaluation.
Administrative License Suspension (ALS)
The Ohio BMV may issue an immediate license suspension at the time of arrest. This happens if the driver fails or refuses a breath, blood, or urine test. The suspension period can vary:
- Test refusal: One year for a first offense, up to five years.
- Failed test (BAC over the legal limit): 90-day minimum suspension, up to five years.
You may request a hearing to contest the ALS, but strict deadlines apply. You only have 20-30 days from the date of the refused or failed test. A skilled OVI defense lawyer from Moermond & Mulligan, LLC can help you navigate these hearings.
How a Dayton Underage OVI/OVAUC Defense Lawyer from Moermond & Mulligan, LLC Can Help
The OVI defense lawyers at Moermond & Mulligan, LLC have over five decades of combined experience defending Ohioans facing DUI and OVI charges. We understand how underage OVI convictions can derail your future, and will work toward the best outcome possible in your case.
Our legal team investigates every detail of your arrest to identify the strongest potential defenses. From there, we will challenge the state’s evidence and negotiate to protect your record. Here’s how we build your defense:
- Review all evidence for procedural errors, including illegal stops or improper testing
- Challenge breathalyzer results and field sobriety test reliability
- Investigate whether officers advised you properly on implied consent laws
- Identify Constitutional violations that could result in suppressed evidence
We also know what matters outside of the courtroom. Underage DUI convictions affect college admissions, scholarships, and job opportunities. That’s why we build defense strategies that focus on protecting your long-term future, not just resolving the immediate charges.
We are former prosecutors who know how the other side works—and we use that insight to your advantage. When representing you, we will negotiate for dropped or reduced charges and alternative sentencing options whenever possible. Our firm can also challenge your driver’s license suspension at administrative hearings. If you’re sentenced to any punishments, we’ll help you understand and comply with court orders. Our goal is to find outcomes that will prevent a permanent criminal record whenever possible. Reach out today for a case review and find out how we can advocate for you.
Expungement After an Underage OVI or OVUAC
Is it possible to get an underage DUI charge expunged in Ohio? That depends. While adult OVI convictions cannot be expunged in Ohio, some juvenile records may be sealed or expunged.
Generally, juvenile OVUAC or OVI offenses may be eligible for sealing or expungement if the minor has completed all court requirements and has remained law-abiding. OVI or OVUAC convictions, including those related to underage drinking, cannot be sealed or expunged under Ohio law.
In other words, if your underage OVI/OVUAC case was handled in juvenile court, you may be eligible to have your record sealed or expunged. The process typically follows these steps:
- Wait until all court-imposed penalties and probation are completed.
- File a motion to seal or expunge your record in juvenile court.
- Attend a hearing where the judge will evaluate factors like rehabilitation and public interest.
The expungement or sealing process can be complicated. A lawyer from Moermond & Mulligan, LLC can help you determine if your record qualifies. If so, we can prepare and file your petition. We’ll also represent you at your hearing to improve your chances of approval.
FAQs About Underage DUI Charges in Ohio
Underage OVI and OVUAC charges can be confusing, but an OVI defense attorney from Moermond & Mulligan, LLC can help. Here are some of our most commonly received questions:
Will an underage DUI stay on my record in Ohio?
It can. If your underage OVI or OVUAC case was handled in adult court, the conviction will stay on your record. Ohio law prohibits expungement or sealing adult OVI convictions, even for first-time or underage offenders.
However, if the offense was handled in juvenile court, you may be able to have the record sealed or expunged—especially if you’ve completed all court requirements and remained law-abiding. Sealing or expunging a juvenile record can limit who can see your criminal history and help protect your educational and career opportunities.
Is it possible to get an underage DUI charge expunged in Ohio?
Only in juvenile court cases. If your underage OVI or OVUAC charge was prosecuted while you were a minor and your case remained in juvenile court, you may qualify for expungement or sealing. Ohio courts typically consider factors such as:
- The severity of the offense
- Completion of your court-ordered penalties
- How much time has passed since the offense
- Whether the individual has committed other offenses
If your case was heard in adult court, the conviction cannot be expunged. Our lawyers can help you determine eligibility and prepare a strong expungement petition if you qualify.
How can a DUI/OVI defense lawyer help with an underage DUI case in Ohio?
An experienced underage OVI attorney can be the difference between a harsh penalty and a manageable outcome. A lawyer from Moermond & Mulligan, LLC can:
- Review whether police followed proper procedures during your traffic stop and arrest
- Challenge breathalyzer or field sobriety test results
- Look for Constitutional rights violations or consent issues
- Negotiate with prosecutors for a reduced charge or alternative sentence option
- Help protect your driving privileges and assist with license reinstatement
- Advocate for sealing or expungement if your case qualifies
Consult a Knowledgeable Ohio OVI Defense Attorney Today
The OVI defense attorneys at Moermond & Mulligan, LLC are ready to defend you from underage OVI and OVUAC charges. Contact us online or at (937) 228-9790 to learn more about your legal options.
Last Updated: 05-14-2025