Driving under the influence by persons under the legal drinking age, known in some states as dui under 21 or minor dui, relies on state=specific criminal statutes to determine the potential penalties faced by offenders. These criminal statutes, which outline the elements of what constitutes a minor dui and the applicable penalties, will vary widely by each state. Furthermore, it should be noted that the blood alcohol level for a minor dui arrest also varies by state, in most cases 0.00 to 0.02 g/Dl. Furthermore, if arrested for dui and underage, many states possess what are known as internal possession laws, which make the minor culpable for underage possession of alcohol, as well as the drunk driving charge.
The Potential for Jail Time in an Underage DUI Case
In most cases, an underage dui offender is a firs time drunk driving offender with limited or no criminal history. This bodes well for the offender, in terms of avoiding jail time. Aside from the initial booking and wait for bail hearing, most underage drunk driving offenders will not serve time in jail, although state laws often allow for sentences in jail up to one (1) year in length. However, underage offenders especially, face highly involved alternative sentencing programs, often involving rehabilitation, weekly urinalysis screenings, probation periods of one or more years, driver awareness courses, and a mountain of fines, fees, court costs, and probation costs.
The practical reality of first time underage dui offenders not facing jail time, although allowed under state criminal statutes in all states relies on the fact that an offender is not charged with any elevating factors or charges as well. Cases involving passengers, accidents involving injury or property damage, illicit substances as the intoxicant (joined with an internal possession drug charge), or other elevating factors may seriously influence the potential for incarceration.
Getting Legal Help with DUI under 21 Charges
Although it is most likely possible to avoid jail time using a criminal defense lawyer, youthful offenders still face a long and complicated road to retain their driving privileges. Again, state laws will vary in this respect, but in most cases, a minor dui charge often results in an automatic suspension, if not outright revocation in most cases. Furthermore, the process to reinstate one’s license is highly subjective, time consuming, costly, and at the end of the day, case specific. Another consideration should be noted concerning obtaining mandatory insurance coverage required by an offender’s state, which will most likely increase exponentially in the best case scenario, and in reality, often result in being denied coverage from most major carriers, forcing the offender to rely on high risk coverage categories or state sponsored high risk insurance programs.
