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Your Age is a Factor in an OVI / DUI Charge

Interviewer: How is being charged with a DUI/OVI different for people that are under 21years of age?

If You are Under the Age of 21, any BAC Level of 0.02 and Above is a Violation

Dale: It’s a zero tolerance policy for drivers under the age of 21. Any blood alcohol testing level of 0.02 and above is a violation; the 0.02 is just the margin of error for the machine.

Interviewer: Does that mean that someone could actually have no level of alcohol in their system, but the machine will read the 0.02 because that’s the margin of error, so they are still going to be arrested and charged with an OVI if they’re under 21?

What Charge Will You be Facing?

Dale: They’ll be charged with what they call an Operating a Vehicle, Underage Consumption, which is almost the same as an OVI, it is actually, however, it has different implications. It is a fourth degree misdemeanor. There is no minimum mandatory time in jail, but there is a license suspension, and there’s also a very long waiting period before you can apply for occupational privileges.

Your First Charge Will be Factored Into any Subsequent OVI/DUI Charges After the Age of 21

But the kicker is if you do get charged with an OVI after you’re 21, that will be counted against you. So, if you get an OVI when you’re 23, and you’re within that five year look-back period, it’ll be treated as a second offense in six.

Interviewer: This law covers people under the age of 21 and all the way down to any age that they’re driving, is that right?

Dale: Yes.

This Law Applies to Drivers Under the Age of 18

Interviewer: What about below 18? Would they be charged the same, even though they are legally considered a juvenile?

Dale: They would be charged with the same offense, and because it’s a traffic offense. Now, it should be a juvenile record, but it gets reported to the DMV because it’s a traffic offense. As a result, the charge goes on their record.

Interviewer: So, even a 16-year-old that took his or hers parents keys and drives around and gets pulled over, he or she will still be cited the same way as a 20-year-old?

Dale: Oh, yes, that is the case.

Client Reviews
★★★★★
I cannot thank Dale enough for the support and expertise he provided to me for my case. I was looking for a lawyer with a lot of experience and also knew how to use it to his advantage. Amanda B.
★★★★★
I have always used an attorney for legal matters but this was my 3rd DUI in 6 years and I was in dire need of the best legal representation. I needed someone willing to fight for the best possible outcome for me and my family. Shannon
★★★★★
Dale Naticchia handled my case from beginning to finish. He is highly skilled in the area of DUI’s. He has had so many cases that he is highly knowledgeable about how to deal with the situation as a whole. R Beyer
★★★★★
The services I got from Lawyersdui Law Firm were very impressive. I got a lot of support from Natucchia and I was surprised and very happy! The support that you gave me was truly sincere and your way of dealing was very professional and honest. Kenneth C
★★★★★
Anytime I’ve called about my case, Mr. Naticchia answered the phone. Lawyersdui law has been there when I’ve needed them most. John