Can You Be Expelled from College for Getting a DUI?

In college, some students face driving under the influence (DUI) or driving while intoxicated/impaired (DWI) charges. If you or a loved one has been arrested for a DUI, you may worry about how it could affect your educational opportunities. You might wonder if you’ll lose your scholarship or even get kicked out of school.

The unknowns can be scary for anyone, especially if you’re building a solid academic foundation for your future. This article answers common questions about the penalties college students might face after a DUI/DWI. You can also see when it’s possible to lower these consequences.

Learn about DUI cases in college below:

• DUI Laws for College-Age Drivers
• Legal Consequences of a DUI in College
• Will My College Find Out About My DUI Arrest?
• Will I Be Kicked Out of College for a DUI?
• Can I Lose My Financial Aid Because of a DUI?
• Avoiding a DUI Conviction
• How To Remove a DUI From Your Record
• How Can a Lawyer Protect a College Student’s Future?

Get advice from someone who may be able to lessen the impact of the DUI/DWI on your life and academic career. These cases can vary by state law, so call a DWI/DUI attorney in the state where the arrest took place. They can explain your options and offer specific advice for protecting your future.

DUI Laws for College-Age Drivers

A DUI/DWI is the legal term used when someone is caught driving a vehicle while impaired by alcohol or drugs. It’s generally considered a criminal offense more serious than a regular traffic violation. The laws aren’t more lenient for drivers who are young or in school.

Precise definitions vary by state. A DUI/DWI can include driving under the influence of either alcohol or drugs. Most states consider adults with a blood alcohol concentration (BAC) of 0.08% or higher to be drunk driving. For those under 21, however, the rules are generally stricter.

Zero-Tolerance Laws for Underaged Students

All U.S. states have zero-tolerance laws for underage drinking and driving. This means that if you’re under 21 and caught driving with any measurable amount of alcohol in your system, you can be charged with a DUI.

In many states, you don’t even need to be impaired to be charged. Just having alcohol in your system is enough in some places. Most zero-tolerance laws set very low BAC limits (typically 0.01% or 0.02%) for those under 21. Some jurisdictions treat underage DUIs as criminal offenses. Others handle them as administrative violations.

Legal Consequences of a DUI in College

If you’re pulled over and suspected of a DUI/DWI, you may be arrested and held until you can be released, often on bail. The legal process that follows can vary depending on the circumstances and state law. Still, it can be lengthy and complicated, involving multiple court dates, negotiations with prosecutors, and possibly a trial.

The consequences of a DUI conviction can vary greatly. Though some people are sentenced to jail time, judges often order probation for many first-time DUI offenders.

Penalties could include court-ordered:

• Community service
• Fines
• Alcohol education programs
• Driver’s license suspension

If the driver’s BAC was very high or if someone was hurt, the penalties can be worse. Repeat offenses often lead to longer jail time, higher fines, revocation of driving privileges, and even felony charges.

Will My College Find Out About My DUI Arrest?

Your school may learn about your DUI arrest, even if it doesn’t lead to a conviction. In some cases, you may be responsible for reporting your own arrest to the college.

Here are some of the main ways a college can find out about a student’s DUI.

Police Reports and Public Records

DUI arrests are typically part of the public record. Your college might conduct background checks for admissions, student employment, campus housing, and other functions.

The college might also be notified if it receives reports from local law enforcement. This is especially likely if the arrest happened near campus.

Campus Police Involvement

If the arrest was made by campus police or occurred on or near campus, the college is almost certainly going to find out. Many schools treat such incidents as violations of their student code of conduct.

Student Conduct Policies

Some colleges require students to self-report any arrests or legal issues. Failing to do so can lead to additional disciplinary action if the college finds out later.

Background Checks

Colleges often conduct background checks for campus housing, internships, or certain academic programs. These might reveal the arrest, even if it didn’t result in a conviction.

Will I Be Kicked Out of College for a DUI?

Maybe. Different colleges/universities might take a variety of actions if a student gets a DUI.

Every college handles DUIs differently, so it’s important to understand your school’s student code of conduct. It likely includes rules about student behavior both on campus and off campus, especially if breaking the law is involved. A DUI may be considered a violation of these rules.

If your college finds out about your DUI, they will likely start their own process. This may include an investigation and a hearing where you can explain what happened. Based on their findings, the college may take disciplinary action. That’s why it’s a good idea to have a lawyer during this process.

Potential consequences could include:

• Academic probation
• Suspension
• Expulsion
• Loss of campus housing
• Loss of scholarships/financial aid

Some colleges might also require you to attend counseling or substance abuse education programs.

Can I Lose My Financial Aid Because of a DUI?

It depends on the circumstances of your DUI case. It can also depend on the type of aid you have.

Federal Financial Aid

Your federal aid, like Pell Grants, federal loans, or work-study program, will, in most cases, no longer be affected by a drug or DUI conviction. The Free Application for Federal Student Aid (FAFSA) doesn’t ask about DUIs.

Scholarships

Scholarships may have stricter terms. If your DUI leads to academic probation, suspension, or expulsion, you could lose your scholarship. Many are funded by donors or organizations that expect certain behavior from recipients. A DUI conviction could cause them to withdraw support.

Athletic scholarships can be especially vulnerable, as student athletes are often held to higher conduct standards.

Avoiding a DUI Conviction

It’s important to remember that a DUI arrest doesn’t have to mean a conviction. Some states offer first-time offense programs that allow charges to be dismissed after meeting certain conditions and completing treatment or education programs.

Depending on the circumstances, you may also be able to assert a legal defense against the DUI charges. This might include challenging:

• Traffic stops
• Field sobriety tests
• Chemical test results
• Miranda warnings

A DUI defense attorney in the state charging you is best suited to identify the most effective defense(s) for your case. They can also help you understand your eligibility for expungement.

How To Remove a DUI From Your Record

College students might want expungement after a DUI. Expunging a DUI is the legal process of sealing or erasing a DUI from your criminal record. This change makes it generally inaccessible to the public during background checks.

If the criminal charges were dismissed or you were found not guilty, you may be able to seal or expunge the record. Most states allow for sealing or expunging DUI/DWI charges that don’t result in a conviction.

Many states even allow expungement for first-time DUI offenses. Some states require a post-conviction waiting period or completion of the sentence before you can apply for expungement. This can range from a few months to several years.

If the DUI occurred when the student was under 18, it may be easier to expunge or seal the record. Adult convictions can be more difficult to remove, especially if the DUI involved injury, property damage, or repeat offenses.

Some states don’t allow DUI expungement at all. Others offer options like record sealing or setting aside the conviction.

How Can a Lawyer Protect a College Student’s Future?

If you’re a college student facing DWI/DUI charges, consider speaking with a DUI or criminal defense attorney. Someone who’s experienced in negotiating with prosecutors may be able to lessen the impact of the offense on your education.  

You can share the details of your situation with them confidentially. They can help you understand your options, including eligibility for expungement. Depending on your case, they may try to get the charges lowered or even dismissed, especially if it’s your first offense.

An experienced lawyer may also request a diversion program instead of going to trial, which can help avoid a conviction on your record. They can often negotiate a plea deal for reduced charges/penalties as well. Their goal is to minimize the effect on your college career path and beyond.

How To Find a Lawyer for Your DUI Case

As noted above, you’ll want to get a lawyer in the same state where the DUI incident occurred. So, if you’re arrested while visiting your hometown, a lawyer in your home state can help. If you’re arrested on spring break in Miami, you’d want a Florida DUI lawyer.

Use FindLaw’s directory of DUI attorneys to connect with local advocates. Just click on the state, then city, to access ratings and contact information for qualified legal advisors in your area.