Underage drinking and substance abuse in the United States is a serious problem, and when you couple that with a young person who is a relatively new driver the results can be disastrous on many levels. An underage drinker is a person who is under the age of 21. The penalty for DUI under 21 is multi-faceted, and will vary by state.
In all states and the District of Columbia you will be considered DUI (driving under the influence) if you have a blood alcohol concentration of .08 - but almost every state sets a much lower minimum for drivers under 21. As an example, in New Jersey a driver under 21 can be convicted of underage DUI with a blood alcohol concentration of only .01.
Two Crimes In One
The under 21 driver who drinks and drives and gets caught is most likely going to be charged with at least two crimes, underage DUI and underage drinking. Each carries its own penalties and consequences
There are other related crimes that area often charged in conjunction with underage DUI as well. If there was injury, death or property damage as a result of the underage DUI incident you are will also face additional aggravated charges. These related chargees can include:
- distributing alcohol to minors if your passengers who are also drunk are under 21
- soliciting alcohol from an adult (and the adult can be charged with a crime too)
-
possession of false ID if that is how you obtained your alcohol
Penalties Vary
Penalties for DUI convictions under 21 do vary by state, but most states use most of these penalties to punish underage drunk drivers and hopefully prevent repeat episodes:
- license is suspended or revoked (some states up to 3 years) Jail time
- Probation
- Fines (can add up to thousands of dollars)
- Installation of ignition interlock device
- Community Service
- Completion of an alcohol safety education program
- Loss of financial aid for college or suspension from college
Zero Tolerance
Zero Tolerance policies and laws around the country target underage drinkers, with penalties escalating quickly for repeat underage offenders. Some studies have shown that drunk drivers actually drink and drive more than 70 times before they are arrested for DUI, and that more than 26% of all accidents that young people are in involve alcohol.
Get Legal Help for DUI
If you have been arrested for DUI, seek out a knowledgeable, experienced DUI attorney who can help you understand what has happened and the likely consequences you face in your state, answer your questions, negotiate for you and protect your rights.
