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Will This Case be Tried in Juvenile Court?
Interviewer: So, the charge would not be heard in Juvenile Court; instead it will be heard in the adult courts?
Dale: No, that is a good point to mention. The case for that age group would be heard in Juvenile Court. It would still go to Juvenile Court, but now you’ve got to remember the BMV is now involved. And when the BMV is involved the charge will be reported to the DMV and it goes on your traffic record, which is quite a different record than the juvenile record.
The Penalties for Operating a Vehicle After Underage Alcohol ConsumptionInterviewer: We’ll get to the BMV in a minute. Is there an acronym for what they’re charged for, because it’s not OVI, as you said, it is a similar charge?
Dale: It’s Operating a Vehicle after Underage Alcohol Consumption. It’s a four-point offense.
Interviewer: It affects your license by being a four-point offense. What are the other possible penalties for this charge?
Dale: You could be sentenced to jail time for up to 30 days. The fines range from $0 to $250. The court could order treatment. You will receive a license suspension, which could last from 90 days to 2 years, and you can’t apply for the restoration of your driving privileges until after 60 days. You could also be required to have restricted plates, and an Interlock device installed on your vehicle. That is usually not required, but it’s a penalty available to the Judge if he or she wants to impose it.
Interviewer: As you mentioned, this charge applies to BAC levels of 0.02 or above. Is there an enhanced or “super-drunk” charge for underage drivers?
Dale: It is important to note that the authorities treat this offense with zero-tolerance. That means you shouldn’t drink at all and drive if you’re under the legal age.
