Juvenile OVI

It’s been two years since we wrote an article specifically about drinking and driving under age. Just a few days before this article, we wrote about Juvenile traffic violations in Ohio. We talked about how some of the penalties are different from adult traffic violations and also touched on OVI. Now, just like adult OVI, Juvenile OVI in Ohio is a little different from other traffic violations. Section 4511.19 of the Ohio Revised Code (ORC)deals heavily with OVI. While this section is long and complex in itself, it is not the only OVI section. Other sections come into play, especially when discussing juveniles. We will try to discuss some of the relevant factors here.

OVI While Underage vs. Juvenile OVI

Keep in mind that there are two separate issues here. One has to do with OVI before the offender is 18, and the other happens before the offender is 21. In both cases, the legal limit is only 0.02% ABV. This is lower than the legal limit for adults, which is 0.08% ABV.

OVI While Underage

Someone 18-20 years of age who drives while under the influence of alcohol or drugs is guilty of OVI. The adult court would handle the case. However, the offender would also be guilty of drinking under age. For under age drinkers in adult court, the penalty depends on how many OVI offenses have occurred that year. This is not the case with “regular” OVI. If a driver over the age of 21 gets an OVI in Ohio, the penalty and degree of the offense depends on the driver’s record over the last ten years.

Specifically, the first OVI in one year for underage drivers is a misdemeanor of the fourth degree (M4) and carries penalties that include up to 30 days and jail, a fine up to $250.00, and a license suspension between 90-730 days. The second OVI in one year for underage drivers is a misdemeanor of the third degree (M3) and carries penalties that include up to 60 days and jail, a fine up to $500.00, and a license suspension between one and five years.

Juvenile OVI in Ohio

ORC Section 2152.21 lays out the penalties for juvenile OVI in Ohio:

(5)(a) If the child is adjudicated a juvenile traffic offender for committing a violation of division (A) of section 4511.19 of the Revised Code or of a municipal ordinance that is substantially equivalent to that division, commit the child, for not longer than five days, to either of the following:

(i) The temporary custody of a detention facility or district detention facility established under section 2152.41 of the Revised Code;

(ii) The temporary custody of any school, camp, institution, or other facility for children operated in whole or in part for the care of juvenile traffic offenders of that nature by the county, by a district organized under section  2151.65 or 2152.41 of the Revised Code, or by a private agency or organization within the state that is authorized and qualified to provide the care, treatment, or placement required.

(b) If an order of disposition committing a child to the temporary custody of a home, school, camp, institution, or other facility of that nature is made under division (A)(5)(a) of this section, the length of the commitment shall not be reduced or diminished as a credit for any time that the child was held in a place of detention or shelter care, or otherwise was detained, prior to entry of the order of disposition.

In other words, juvenile OVI in Ohio carries a penalty of not more than five days in custody. That custody may be in the juvenile detention center or in some other facility appropriate to the situation.

Conclusion

If you or anyone you know is facing juvenile OVI charges in Ohio, the attorneys at Dearie, Fischer & Martinson have over 30 years of experience. Our lawyers continue to work on all kinds of juvenile and adult cases, including OVI. We service mainly the Counties of Warren, Montgomery, Butler and Hamilton and the surrounding areas. If you have a case in one of these areas, feel free to contact us today!