Interviewer: What about the BMV and juveniles drunk-driving charges and other infractions? Is there any difference in the way that’s handled?
Dale Naticchia: It’s the same rules with juveniles. What we have in Ohio is we have a statute that’s very close to the DUI Statute’s Code. The letters are O-V-U-A-C; operating a vehicle, underage consumption.
Juveniles Are Subject to a Lower Blood Alcohol Legal Limit Than Are Adults
The difference being is a BAC over .02 you get one of those. If you get one; an OVUAC, you get all the fine penalties and the same kind of suspension you get with a DUI and it will enhance a subsequent OVI charge within six years.
If you’re seventeen and you get an OVUAC; operating a vehicle, underage consumption, and when you’re twenty-four you unfortunately get one within that six year period—that’s going to be counted as your second OVI in six years. The penalties with the BMV remain the same.
There Are Limited Grounds in Which to Appeal the Administrative License Suspension
Interviewer: What sort of witnesses can you call as far as the defense goes for a BMV hearing?
Dale Naticchia: There are only limited grounds you can appeal the Administrative License Suspension. One of those grounds is no reasonable suspicion for the stop. There’s no probable cause for the arrest.