Since I am licensed in both Ohio and Kentucky, I have a unique perspective on the consequences that come from a DUI conviction in either state. The interplay between Kentucky’s underage DUI statute and Ohio’s underage DUI statute is important. There are separate long term consequences depending on where one is convicted of the underage DUI, if they are subsequently charged with an adult DUI.
Ohio has a statue called Operating A Vehilce After Underage Consumption – or OVUAC. It can be found at Ohio Revised Code 4511.19(B). A first offense is a misdemeanor of the 4th degree and carries a potential penalty of 0-30 days in jail, a fine of $0-$250, possible alcohol treatment, a 90-day to 2-year license suspension, 4 points on an Ohio driver’s license, and probation.
Under ORC 4511.19(G)(1)(b)-(e), a person who is convicted of a DUI or underage DUI who is subsequently convicted of DUI, will have the penalty enhanced as a multiple-offender. In other words, an underage Ohio DUI does serve to enhance a subsequent Ohio DUI charge.
Contrast that with Kentucky. In Kentucky, the statute specifically excludes an underage DUI (KRS 189A.010(50(e)) from enhancing a subsequent adult DUI. The statue excludes it by its very language.
What happens if a person is convicted of an underage DUI in KY and then is charged with a DUI in Ohio – does that Ohio DUI get treated as a second offense? It might. The ORC provides that a prior conviction for a violation of 4511.19(A) (DUI), or 4511.19(B) (Underage DUI) OR“one other equivalent offense”. If the court interprets that language to include an out of state (ie Kentucky) underage DUI, then the penalty will be enhanced.
If you are charged with a DUI, in either Ohio or Kentucky, it is important to retain an attorney that is familiar with the law and the potential arguments to defend you. We are always available for a free consultation. If you have a legal need and would like to schedule a time to discuss it, please call us at 513-333-0014.
