Two Ways Underage DUIs Differ From Regular DUIs
Approximately 17 percent of alcohol-related crashes that involve fatalities are caused by underage drinkers. Just because the driver is under 21, though, doesn't mean the courts will give him or her a break when it comes to charges or sentencing. However, an underage DUI does differ from a regular DUI in a couple of ways. Here's more about these differences so you will know what to expect in your case:
You'll Get in Trouble No Matter Your BAC
The main difference between an underage DUI and a regular one is you'll be charged regardless of what your blood alcohol level (BAC) is. With regular DUIs, people typically won't face charges unless or until their BAC hits .08 or above (.04 for commercial drivers), which is the legal limit in most states. However, states have a zero-tolerance policy for underage drinkers, so you will be charged with DUI regardless of what your BAC level is. Even if you blow a .02, you will be arrested and charged.
There are a couple of reasons for this. First of all, drinking when you're not 21 is an illegal act, so the state is basically rolling two crimes into one charge. Second, many states are trying to discourage young people from drinking and driving with the hope of preventing future DUI offenders, so cracking down harder on underage drinkers and drivers could be seen as a type of scared-straight strategy.
Penalties Can Be Harsher
The second difference is that the punishment for an underage DUI may be harsher, relatively speaking. Even with a first-time offense, your license may be suspended for a couple of years or until you're 21, depending on the facts of your case. Your vehicle will typically be impounded, you may be sentenced to jail or community service, and you will be placed on several years of probation. If you're under the age of 18, you may be put in juvenile detention for a period of time.
The quality of life consequences can be even more severe for young people than they would be for older folks. Underage drinkers tend to be in college or on their way there. Having a DUI on your record can stop you from getting accepted to the university you want to attend—because many schools are now using background checks in their admissions process—and you could lose your student loans and other sources of funding.
If you've been charged with an underage DUI, contact the best DUI attorney you can find as soon as possible to develop a legal strategy that may help you avoid being convicted.
