Underage DUI: Zero Tolerance Laws

Driving a motor vehicle anywhere in the country is dangerous and illegal when you are under the influence of drugs or alcohol. This is certainly just as true — if not more so — if you are under the legal drinking age.

All states have enacted underage DUI laws called zero tolerance laws. These statutes make it a crime for anyone under the age of 21 to drive while intoxicated.

Young drivers have a lot on the line. The penalties of a DUI can impact your future in many ways. If you or your child faces juvenile or underage DUI charges, get advice from a DUI defense lawyer early in the case. A lawyer can guide you through the process and build a strategy for the best possible outcome.

Underage Alcohol Crimes

People who are under the legal drinking age can face a variety of criminal charges involving alcohol. You could face multiple criminal charges at the same time, depending on the circumstances.

It is already illegal for people under 21 years of age to buy and possess alcohol in all 50 states plus the District of Columbia. Underage drivers are also subject to open container laws like other drivers. But the additional zero tolerance laws aim to combat the genuine dangers of underage drinking.

What Are Zero Tolerance Laws?

Zero tolerance laws make it a criminal DUI offense for drivers under 21 to operate a vehicle with even a small amount of alcohol in their system. This limit ranges from 0.00% to 0.02% blood alcohol concentration (BAC), depending on the state.

You can see FindLaw’s list of all state underage DUI laws to find your state’s limit and penalties.

A BAC of 0.02% is possible with only one alcoholic beverage. One drink could be enough to lead a young driver to an underage DUI charge. Because it takes time for the body to process alcohol, traces of a drink can stay in your system for a long time. You may need to wait longer than you’d think between drinking and driving because of zero-tolerance laws.

Beyond the risks to health and safety posed by underage drinking and driving, DUI offenses can have long-ranging implications that reach far into a young driver’s future. An early drunk driving conviction can affect many things, including car insurance coverage. You may also have to disclose criminal convictions, including a DUI, on college applications.

Are Zero Tolerance Laws Effective?

There is evidence to support the idea that zero tolerance policies have improved safety on the road. While adults drive while intoxicated more often than teenagers, young people are more likely to have car accidents after drinking.

Motor vehicle crashes are the nation’s leading cause of death for 15- to 20-year-olds. According to the National Highway Traffic Safety Administration, many of these fatalities are alcohol-related. The alcohol involvement rate for young drivers is roughly twice that of over-21 drivers, according to the NHTSA. At the same time, underage drinking at even low levels presents a greater risk of fatal crashes.

The National Highway Systems Designation Act of 1995 mandated that states consider a 0.02% BAC or lower for under-21 drivers to be charged with driving under the influence. States must follow that mandate to qualify for Federal-Aid Highway Program funds. To comply, all states have to set 0.02% or lower legal blood alcohol content. This legal limit for underage drivers is known as a per se offense. That means police don’t have to prove intoxication if the driver is above the state’s legal limit.

A 1995 study found that the first states to set a 0% BAC limit for certain young drivers saw a 22% decline in fatal single-car nighttime crashes. States with a 0.02% limit saw a 17% reduction. And a 1999 study linked zero tolerance laws to a 24% drop in the share of crashes linked to underage drinking.

Getting Arrested for Underage DUI Offenses

At a traffic stop, law enforcement will check teenagers and young adults for any signs of impairment. Even a subtle sign of alcohol use, such as smelling alcohol, could prompt an officer to investigate possible impaired driving.

When law enforcement suspects you are driving under the influence, they will ask you to submit to chemical and field sobriety tests. Chemical tests may include a Breathalyzer or breath test to determine your BAC level. Law enforcement may also ask for urine and blood tests, which can confirm a breath BAC test and look for drugs.

Under state law, police officers expect you to cooperate with chemical tests. All states have enacted implied consent laws, which state that anyone with a driver’s license has indicated their consent to these tests.

You may refuse the tests, but there are immediate consequences. Usually, you face suspension of driving privileges, a fine, or possible arrest. You can still receive a DUI charge as well.

An underage driver may be arrested for impaired driving and taken into police custody for a short time, usually overnight. If the driver is a minor, the police will also notify their parents or guardians.

Following the arrest, the driver must attend an arraignment hearing and submit their plea to the court. Since this process happens quickly and the plea can greatly affect the outcome, it’s a good idea to get legal representation very soon after the arrest.

Underage DUI Charges

If you’re underage, law enforcement will charge you with a misdemeanor if your BAC exceeds your state’s legal limit for young drivers, even if it’s under 0.08%. Within this BAC range, while still a criminal offense, your case will go to your state’s juvenile or family courts.

You will likely face an adult DUI charge if you are underage and register a BAC of 0.08% or higher.

Consequences of an Underage DUI Conviction

For a first-offense DUI conviction, you will likely face penalties such as:

• A lengthy driver’s license suspension
• Fines
• Court costs
• A mark on your criminal record, which may affect college enrollment, apartment applications, and employment background checks

If your BAC was below 0.08%, it’s unlikely you will serve jail time. You should expect some probation, substance abuse classes, treatment, and community service hours.

It may be possible to get a restricted driver’s license that will allow you to drive to school, work, and DUI classes. You must usually install an ignition interlock device as part of this license. An ignition interlock device acts as a breath test to prevent your car from operating if you have any alcohol in your system.

An underage motorist with a BAC of 0.08% or greater can face a license revocation until they reach 21. DUI penalties will be far more severe in this instance, with heftier fines and probation requirements.

How Long Will an Underage DUI Stay on My Record?

A DUI typically stays on a driver’s criminal record forever — even if they were underage at the time of the conviction. The DUI can stay visible to employers, landlords, and other people who may run background checks. A DUI also stays on your driving record, which can make future traffic violations more serious.

Depending on state law and the facts of the case, it may be possible to seal arrest records or even expunge the DUI after a waiting period. States set various requirements before they agree to these options, and some states don’t allow expungement.

Charged With an Underage DUI? Contact an Attorney Today

You should take an underage DUI charge seriously. The effects of a conviction can impact your life for years. A defense lawyer can help you assess your case, provide valuable legal advice, and protect your best interests. Get started today, and contact a DUI defense attorney near you.