Columbus OVI/DUI Attorney Blog
This blog is not a bar band: we take requests without asking for tips! Yesterday, we received a question from a reader who wants to understand the interplay of Child Endangering and DUI (called ‘OVI’ in Ohio). This article is going to answer that reader’s question. Ask and you shall receive.
It’s Complicated
Ohio laws for Endangering Children and OVI are a bit complicated. Together, the statutes are 36 pages long. There are many ways a person can commit the offense of Endangering Children, and there are even more ways a person can commit the offense of OVI. Covering all the possible intersections of these two laws would take several pages, and even the reader who asked the question would lose interest. We will focus on the most common junction of Endangering Children and OVI.
Elements of Endangering Children in Ohio
The Ohio statute which prohibits endangering children is Ohio Revised Code section 2919.22. Paragraph (A) prohibits parents and guardians from creating a substantial risk to the health or safety of their child by violating their duty to care for, protect, and support the child. Paragraph (B) lists specific acts which are illegal, such as torturing a child and using a child in sexually oriented matter.
Paragraph (C) of section 2919.22 specifically addresses OVI. That paragraph makes it illegal to operate a vehicle “in violation of division (A) of section 4511.19 of the Revised Code” when a child under age 18 is in the vehicle. Section 4511.19 is the statute which prohibits Operating a Vehicle under the Influence (OVI).
Elements of OVI in Ohio
In general, there are two ways to “violate division (A) of section 4511.19” and commit the offense of OVI. The first way is to operate a vehicle under the influence of alcohol and/or a drug of abuse. This is called OVI ‘impaired’. The second way is to operate a vehicle with a prohibited concentration of alcohol or listed drugs of abuse. For example, the prohibited concentration of alcohol is .080 or higher. This is called OVI ‘per se’.
If a driver is suspected of OVI and has a child in the vehicle, the investigating officer typically charges the driver with both OVI and Endangering Children. This raises two questions: (1) what are the punishments for OVI and Endangering Children? and (2) can a person be convicted and punished separately for each offense?
Punishment for OVI and Endangering Children in Ohio
For a conviction of OVI (as a first offense within ten years), the mandatory sentence includes a jail term of three days to 180 days, a fine of $375 to $1,075, and a driver’s license suspension of one year to three years. If a person has one or more OVI convictions within the past ten years, the mandatory sentence increases.
For a conviction of Endangering Children, based on committing OVI with a child in the vehicle, the offense is a first-degree misdemeanor. The sentence includes a jail term of up to 180 days, a fine of up to $1,000, and a driver’s license suspension of up to one year. Under certain circumstances, a conviction for Endangering Children is enhanced to a felony.
A person can be convicted and punished separately for OVI and Child Endangering. Although the two offenses are similar, they are not considered ‘allied offenses of similar import’ under Ohio Revised Code section 2941.25. That means the punishment for one offense can be additional to the punishment for the other offense. For example, the jail term and driver’s license suspension can be ordered to be served consecutively.
Not Tip Required
We are glad to provide this information for the reader who asked the question, and for any other readers interested in this topic. We take requests, we don’t ask for tips, and we don’t repeatedly tell you to check us out on social media! Any requests for future topics can be submitted through the contact form on this blog.