Ohio's Under-21 Limit: .02, Not .08
Ohio does not have a true “zero tolerance” law, but it comes close. Under R.C. 4511.19(B), no person under 21 may operate a vehicle with a breath alcohol concentration of at least .02 but under .08 grams per 210 liters of breath (the whole-blood equivalent is .02% to .079%). One or two drinks will put most people over .02. There is no requirement that the driver was impaired, swerving, or unsafe — the number alone is the offense.
A driver under 21 who tests at .08 or higher, or who is impaired regardless of the number, is charged with regular OVI under R.C. 4511.19(A) and faces the same penalties as an adult. Most of the cases I see involve college students, high-school seniors, and young workers in Ashland, Huron, and Richland counties who had a few drinks, drove carefully, and got stopped for a headlight or a plate.
Underage OVI vs. Regular OVI
| Underage OVI — R.C. 4511.19(B) | Regular OVI — R.C. 4511.19(A) |
|---|
| Who | Under 21, test .02 – .079 | Any age, impaired or test .08+ |
| Degree | 4th-degree misdemeanor | 1st-degree misdemeanor |
| Jail | None mandatory; up to 30 days possible | 3 days mandatory (or 3-day driver intervention program); up to 6 months |
| Fine | Up to $250 | $565 – $1,075 |
| License suspension | Class six: 3 months – 2 years, mandatory | 1 – 3 years, mandatory |
| No-privileges period | First 60 days | First 15 days |
| Points | 4 | 6 |
| Counts as an OVI prior? | No — but a prior OVI within one year raises this charge to a 3rd-degree misdemeanor with a 1- to 5-year suspension (R.C. 4511.19(H)(2)) | Yes |
Both offenses are heard in Ashland, Mansfield, or Norwalk Municipal Court for drivers 18 and over, and in the county's juvenile court for drivers under 18.
The License Is Usually the Real Fight
For a 19-year-old, the jail exposure on an underage OVI is small; the suspension is what changes their life. The statute requires a suspension of at least three months, and R.C. 4510.13 forbids any driving privileges during the first 60 days of it. After that, the court can grant limited privileges for school, work, and medical appointments (R.C. 4510.021) or unlimited privileges with an ignition interlock device, and can reduce the suspension by up to half for a first-time offender who uses the interlock (R.C. 4510.022).
There is a quirk that works in your favor: the administrative license suspension that hits adult OVI arrests at the roadside is triggered only by a test at or above the adult .08 limit. A result of .02 to .079 does not trigger it. Unless the driver refused the test, there is usually no suspension at all until the case is resolved — which means there is time to build a defense.
Parents: an under-21 driver should take the breath test. A refusal brings an immediate one-year administrative suspension with no privileges for 30 days, at any age (R.C. 4511.191(B)) — a far worse outcome than a .04 result. If your child already refused, the 30-day appeal window after the initial appearance is running.
How I Defend Underage OVI Cases
- The stop. Officers need a lawful reason to stop the car. A stop based on a hunch, a profile, or a car full of young people at 1 a.m. is suppressible, and everything after it goes with it.
- The test. The .02 threshold is low enough that the instrument's margin, the 20-minute observation period, mouth alcohol, and calibration records all matter more than they do in a .15 case. A result of .02 or .03 is a case about the machine.
- Timing. The State must show the test was taken within three hours of driving (R.C. 4511.19(D)(1)(b)) and, for the implied-consent rules, within two hours of the violation (R.C. 4511.192(A)).
- The alternative charge. Where the evidence is solid, the goal is often a resolution that keeps a 4511 offense off the record — a plea to a non-traffic offense that can be sealed later, with the shortest suspension the court will accept.
- The suspension. Privileges for school and work are requested at the earliest point the statute allows, with the interlock reduction where it helps.
Flat Fees, Quoted Up Front
Underage OVI cases are handled for a flat fee, quoted after a free consultation — the same $1,500 to $2,500 range as a first-offense OVI. Parents are welcome at the consultation; the client is the driver.
Related: OVI / DUI defense · Refusing the breath test · Getting your license back.
Frequently Asked Questions
My son is 19 and blew a .05. He wasn't drunk — how is that a charge?
Ohio sets a separate, lower limit for drivers under 21. Under R.C. 4511.19(B), a driver under 21 with a breath result of at least .02 but under .08 commits “operating a vehicle after underage alcohol consumption,” whether or not there was any sign of impairment. It is a real charge with a mandatory license suspension — but it is a fourth-degree misdemeanor, not OVI, and the difference matters.
Is underage OVI the same as regular OVI?
No. The under-21 offense (R.C. 4511.19(B)) is a fourth-degree misdemeanor with no mandatory jail, a 3-month to 2-year suspension, and 4 points. Regular OVI (R.C. 4511.19(A)) is a first-degree misdemeanor with 3 days of mandatory jail or a driver intervention program, a 1- to 3-year suspension, and 6 points. A driver under 21 who tests .08 or higher is charged with regular OVI, with all of the adult penalties.
Will my child lose their license?
A conviction requires a class six suspension — 3 months to 2 years — and the court cannot grant any driving privileges during the first 60 days of it (R.C. 4510.13(A)(5)(c)). After that, the court can grant limited privileges for school, work, and medical needs, or unlimited privileges with an ignition interlock device, and can cut the suspension by up to half under R.C. 4510.022. Keeping the suspension short is a central goal of the defense.
Is there an administrative license suspension for an underage test?
Usually not. The administrative suspension for a failed test (R.C. 4511.191(C)) is triggered only by a result at or above the adult .08 limit. A result between .02 and .079 does not trigger it. A refusal does — the refusal ALS applies at any age — which is one reason an under-21 driver should almost never refuse.
What if my child is under 18?
Drivers under 18 are handled in the county's juvenile court as juvenile traffic offenders (R.C. 2152.02). The juvenile court must impose a class six suspension for a 4511.19 violation but may end it early if the child completes a court-approved alcohol education or treatment program (R.C. 2152.21). Detention is possible only on a regular OVI, not the under-21 offense. I represent juveniles in these cases as well.
Can an underage OVI conviction be sealed?
No. It is a Chapter 4511 traffic offense, and R.C. 2953.32 excludes those from sealing. A conviction at 19 is still on the record at 40 — which is why fighting the charge or resolving it as a non-4511 offense is worth the effort.
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Content reviewed by attorney Jeffrey C. Honaker, October 2026. Penalty figures reflect the Ohio Revised Code as in effect on that date. This page is general information, not legal advice about your case.