Underage DUI Defense Attorney in Dayton

Written By: Moermond & Mulligan, LLC

Last Updated: 01-17-2025

How Underage DUIs Are Different

When it comes to underage drinking and driving, Ohio has a “zero tolerance” policy. This means that even a small amount of alcohol in an underage driver’s system can result in a DUI arrest. The legal limit for a driver under 21 is .02% BAC, while the limit for drivers over 21 is .08%. If you are under 21 and you have been charged with underage DUI, you need to take your situation seriously and seek the help of an experienced Dayton underage DUI lawyer.

At Moermond & Mulligan, LLC, we are committed to helping our clients who have been charged with DUI and other criminal offenses. With more than 30 years of legal experience, we have the knowledge and skill to help you fight your underage DUI charge. Our firm has helped thousands of clients, and we are prepared to provide you with the aggressive representation you need.

Call Moermond & Mulligan, LLC today at (513) 421-9790 or online to request a confidential consultation with our Dayton underage DUI defense attorneys.

Underage DUI Penalties in Ohio

Underage DUIs carry serious penalties in the state of Ohio. If you are convicted, you can face jail time, fines, and driver’s license suspension. In addition, your insurance rates will likely increase, and you may have difficulty securing employment or being accepted into a college or university.

  • First Offense: For a first offense, an underage DUI is a first-degree misdemeanor. The penalties can include a maximum of 6 months in jail, a fine of up to $1,000, and driver’s license suspension for up to 3 years. You will also be required to have an ignition interlock device (IID) installed in your vehicle for up to 6 months after your driving privileges are reinstated.
  • Second Offense: If you have been convicted of a prior DUI, you will face enhanced penalties for a second offense. This includes a maximum of 6 months in jail, a minimum fine of $350 (up to $1,500), and driver’s license suspension for up to 5 years. You will also be required to have an IID installed in your vehicle for up to 6 months after your driving privileges are reinstated.
  • Third Offense: A third underage DUI offense is a first-degree misdemeanor. The penalties can include a maximum of 6 months in jail, a minimum fine of $350 (up to $1,500), and driver’s license suspension for up to 10 years. You will also be required to have an IID installed in your vehicle for up to 6 months after your driving privileges are reinstated.
  • Fourth or Subsequent Offense: Any underage DUI offense that occurs after a person has been convicted of three or more DUIs is a fourth-degree felony. The penalties can include a maximum of 18 months in jail, a fine of up to $5,000, and driver’s license suspension for life. You will also be required to have an IID installed in your vehicle for up to 6 months after your driving privileges are reinstated.

Underage DUI and License Suspension

In addition to the criminal penalties, an underage DUI conviction can result in driver’s license suspension. For a first offense, your driving privileges will be suspended for a minimum of 90 days and a maximum of 2 years. If you refuse to submit to a chemical test, your driving privileges will be suspended for a minimum of 1 year and a maximum of 5 years.

Second and Subsequent Offenses: For a second or subsequent underage DUI offense, your driving privileges will be suspended for a minimum of 1 year and a maximum of 5 years. If you refuse to submit to a chemical test, your driving privileges will be suspended for a minimum of 2 years and a maximum of 7 years.

After your driving privileges are reinstated, you may be required to have an IID installed in your vehicle. You will also be required to maintain financial responsibility, which means you will have to obtain a special type of insurance coverage that is often referred to as “SR-22” insurance.

Underage DUI and Future Implications

Having an underage DUI conviction on your criminal record can have numerous future implications. In addition to the immediate penalties, you may face long-term consequences that can make your life difficult. For example, your insurance rates will likely increase, and you may have difficulty securing employment or being accepted into a college or university.

At Moermond & Mulligan, LLC, we understand the serious nature of an underage DUI charge. We also understand the potential long-term implications of a conviction. When you turn to our firm for help, we will work hard to protect your future and help you secure a favorable outcome.

Our firm can help you explore defense strategies that may help you avoid a conviction, such as:

  • Challenging the traffic stop that led to your arrest
  • Challenging the results of the chemical test
  • Challenging the procedures used by law enforcement
  • Negotiating with the prosecution to secure a reduction or dismissal of the charges
  • Representing you at all court hearings and proceedings
  • Providing you with compassionate and personalized legal counsel

Parental Responsibility in Underage DUI Cases

When an underage driver is charged with DUI, the parents can also face criminal charges. In Ohio, a parent or legal guardian can be charged with “contributing to the delinquency of a minor” if they allow their child to drink alcohol. This is a first-degree misdemeanor, and the penalties can include a maximum of 6 months in jail and a fine of up to $1,000.

It is important for parents to be aware of this law and to take steps to prevent their child from drinking alcohol. If you are a parent and your child has been charged with underage DUI, it is important to seek the help of a skilled criminal defense attorney right away.

Experienced Legal Representation

If you or your child has been charged with underage DUI, it is important to seek the help of an experienced criminal defense lawyer right away. At Moermond & Mulligan, LLC, we understand the serious nature of these charges, and we are prepared to help you fight for your rights. Our Dayton underage DUI attorney can provide you with the strong legal representation you need during this difficult time. We are here for you when you need us most.

Call Moermond & Mulligan, LLC today at (513) 421-9790 or online to request a confidential consultation with our Dayton underage DUI lawyer.