Getting behind the wheel after drinking alcohol is always risky and illegal for those under 21. In Ohio, there are strict laws for underage drivers caught with alcohol in their system. These laws are designed to prevent accidents and discourage drinking and driving at a young age. If you’re wondering what happens if you get a DUI under 21 in Ohio, it’s important to understand the legal process, the penalties involved, and what steps you may need to take afterward.
This blog breaks down the key things you should know if you or someone you know is facing an underage DUI charge in Ohio.
Understanding Ohio’s Zero Tolerance Law
Ohio has a “zero tolerance” law for drivers under 21. This means even a small amount of alcohol in your system while driving can lead to serious consequences. For those under 21, a blood alcohol content (BAC) of just 0.02% to 0.079% is enough to be charged.
This charge is officially known as Operating a Vehicle After Underage Consumption (OVUAC). If the BAC is 0.08% or higher, the underage driver may face the same penalties as an adult DUI, which are more severe.
First-Time DUI or OVUAC: What to Expect
If you’re charged with a DUI under 21 in Ohio for the first time, here’s what you might face:
- License Suspension: Your driver’s license can be suspended for 90 days to 2 years.
- Fines: You may be required to pay a fine of up to $250.
- Alcohol Education Programs: The court may order you to attend a driver intervention program or alcohol awareness classes.
- Community Service: In some cases, judges assign community service hours.
- Temporary Permit or Restricted Driving: You may be allowed to drive under certain conditions after a period, like only to school or work.
Even though these might seem less harsh than adult DUI charges, they can still have long-lasting effects.
Higher BAC or Repeat Offenses
If you’re under 21 and your BAC is 0.08% or higher, the case is treated like an adult DUI offense. This means:
- Harsher Fines and Jail Time: Fines can go up to $1,000, and you may face jail time up to 6 months.
- Longer License Suspension: This can range from 1 to 3 years.
- Ignition Interlock Device: The court might require you to install a breathalyzer device in your car.
Repeat offenses also increase penalties. A second or third DUI can lead to more jail time, higher fines, and a longer suspension period.
Administrative vs. Criminal Penalties
There are two types of consequences in DUI cases:
- Administrative Penalties (handled by the Ohio Bureau of Motor Vehicles):
- Immediate license suspension.
- Reinstatement fees.
- Requirement to carry high-risk auto insurance (SR-22).
- Criminal Penalties (handled by the court):
- Fines.
- Possible jail time.
- Court-ordered programs or probation.
You can face both types at the same time, and they may affect your ability to drive, your record, and even future job or school applications.
Will This Stay on Your Record?
Yes. An underage DUI will go on your criminal record and driving record. Ohio does not allow DUI convictions to be removed through expungement or sealing. This means:
- It can show up on background checks.
- It may affect college admissions or job opportunities.
- It may increase insurance premiums significantly.
However, if the charge is reduced or dismissed in court, you might avoid a permanent mark. That’s why it’s important to fully understand the legal options available.
What to Do If You’re Charged
If you or your child is charged with a DUI under 21, don’t ignore the problem. Here’s what to consider doing:
- Attend all court hearings and comply with any requirements.
- Avoid additional violations and more offenses can worsen your case.
- Understand your rights and explore if a plea deal or alternative resolution is possible.
- Prepare for license reinstatement by completing all required courses and paying fees.
Being proactive can help you move forward more smoothly.
Other Consequences to Consider
Apart from legal penalties, a DUI charge can affect your life in other ways:
- Insurance: Your car insurance rates may rise, or you might get dropped from your policy.
- School: Colleges may have their own disciplinary actions, including suspension or loss of scholarships.
- Employment: Some employers might not hire someone with a DUI on their record, especially if driving is part of the job.
It’s not just about the courtroom, it’s about how the charge may follow you into daily life.
Bottom Line
What happens if you get a DUI under 21 in Ohio is more serious than many young drivers expect. From losing your license to dealing with criminal records, even a small mistake can lead to long-term consequences. Ohio’s zero tolerance policy is strict for a reason keeping young drivers safe and discouraging drinking and driving.
If you or someone you know is facing an underage DUI charge, it’s important to take help from the professionals at the Botnick Law Firm. While the road ahead may feel challenging, taking the right steps can help reduce the impact and keep your future on track.