Underage Drinking and Driving: Legal Ramifications and Consequences

If you are under 21, you legally should not drink alcohol. You definitely should not get behind the wheel of a motor vehicle if intoxicated. All 50 states have a zero-tolerance policy, and if caught, you can face significant legal ramifications.

“You’ve got two different processes,” says Jonathan Dichter, a DUI defense attorney at DUI Heroes law firm in Lynwood, Washington. “There is the administrative process. That’s the DUI hearing where you could lose your license. But you also have a court criminal process. If you’re convicted of a minor DUI in criminal court, that can have different implications.” 

Underage Drinking and Driving Laws

In 1995, the federal Zero Tolerance Bill was passed to address the amount of individuals under the legal drinking age who were driving under the influence of alcohol. This bill encouraged states to follow suit by denying them access to federal highway funds if they did not pass zero-tolerance laws. By 1998, all 50 states had enacted their own underage DUI laws.

The majority of states complied with the law by establishing a blood alcohol concentration (BAC) limit of .02 for underage drivers. Some states set stricter legal limits at .01 or .00 measurements.

Legal Ramifications of Underage DUI Conviction

 The legal consequences of your underage DUI conviction will depend on multiple factors. A first-time offender may face lighter ramifications than a repeated offender. A less severe incident may have lighter ramifications than one with significant damages and injuries. Generally, an underage DUI is a misdemeanor criminal offense.

The administrative and legal consequences of your underage DUI vary from state to state. However, you can expect a license suspension. Other penalties include:

• Fines between a few hundred and a few thousand dollars;
• Up to a year in jail;
• Community service hours;
• Attend substance abuse classes or treatment;
• Attend a victim impact presentation;
• Ignition interlock device (IID) installation; and
• Mandatory alcohol education or counseling.

The penalties for an underage DUI are generally less severe than for a regular DUI. However, being underage doesn’t automatically shield you from getting a standard DUI. For example, in Washington, it is your BAC that determines whether you get a minor or regular DUI. “Minor DUIs [involve] anyone under 21 who has a BAC of  .02. If the BAC is over .08, you face regular DUI charges no matter what your age,” explains Dichter.

Defenses to an Underage DUI

Those accused of underage DUI have the same defenses as those charged with a standard DUI. This can include improper traffic stops, other police errors, incorrectly administered sobriety tests, rights violations, and faulty testing machines. A DUI lawyer can aid in creating a defense that includes analysis of your breath test results and breathalyzer performance.

Sentencing Requirements 

Once convicted, sentencing is the next phase. Some states have minimums, while others have “up to” sentencing guidelines. The sentence you receive will depend on the circumstances. Generally, a first offense will have less severe criminal penalties than a repeat offender. However, sentences can vary greatly depending on the circumstances. Criminal charges can become harsher with more extreme circumstances despite it being your first offense.

Although criminal penalties vary from state to state, some common themes exist:

• Community service hours;
• Fines up to $2,000;
• Installation of an ignition interlock device; and
• Jail time of up to one year or probation for five years.

Some states require all of these and more for an underage DUI. Others, like Washington, have more relaxed sentencing guidelines. “Unlike [a regular] DUI, a minor DUI has no mandatory jail time, no mandatory fines, no mandatory licensing or interlock consequences. And it can be vacated from your record, whereas you’re stuck with a DUI forever,” says Dichter.

License Suspension and Reinstatement 

Having your driver’s license reinstated post-suspension is similar to those with a standard DUI/DWI. Generally, you will need to wait for the required suspension time. Speaking to a DUI attorney can help you explore the possibility of early reinstatement.

To get your driving privileges reinstated, you must fulfill all imposed penalty requirements. This includes attending required courses, community service, and paying fines. You will then need to pay an administrative fee. You should also be prepared to provide proof of liability insurance to your Department of Motor Vehicles (DMV) with an SR-22 form and to install an IID if required.

“Ultimately, when their suspension is over, they just pay a reissue fee and get their license back, as long as they comply with whatever other requirements are necessary. And it depends on the individual,” says Dichter.

Academic, Employment, and Insurance Consequences

The consequences of your underage DUI can reach further than limiting your ability to drive. However, they don’t have to ruin your life if you handle it correctly and learn from the experience. Dichter encourages his underage DUI clients to turn the experience into a blessing in disguise by learning from the experience.

School Enrollment

As a student, you have an honor code that you need to adhere to. Getting an underage DUI can violate that code because it is a criminal offense. You probably won’t get expelled for one offense, but you may get a warning or another consequence.

If submitting applications, some schools ask about previous convictions and will run background checks. While a single underage DUI probably won’t prevent your acceptance, it can be something the school considers. The more prestigious and competitive the school, the more impactful it will be.

Financial Aid

Whether your DUI impacts your financial aid will depend on the funding source. The FASFA (Free Application for Federal Student Aid) is a common source of educational funding for people. It does not explicitly speak to DUIs, but it does ask about drug convictions. Your financial aid status may be safe with an underage DUI on your record. However, if there are drugs involved in your conviction, this can create a risk.

State financial aid can have different requirements. Depending on the state you live in and the program’s eligibility requirements, your underage DUI conviction may impact your aid status.

Finally, private scholarships can have their own eligibility requirements. You will need to contact the scholarship administrator to determine eligibility requirements.

Career Opportunities

Many companies require you to pass a background check as part of the application process. This can include your criminal record, which could include an underage DUI conviction. How this impacts your career prospects will depend on the industry and company. More conservative industries or positions that require driving are more likely to disqualify you.

Insurance Premiums

You need to have insurance when driving a motor vehicle. Insurance companies will quote you a coverage rate based on factors that contribute to the level of risk they assess you. These factors include your:

• Age;
• Length of time driving;
• Vehicle type; and
• Driving history.

As someone not old enough to drink, insurance companies consider you a young person. This also means you do not have a lot of driving experience. You are already considered a higher-risk driver. Add to this an underage DUI conviction, and your risk evaluation significantly increases. Some insurance companies may refuse to insure you at all.

In addition to increased rates, many states require you to show proof of insurance through Safety Responsibility form 22 (SR-22). You must have this special form for a specific time after your DUI. Two states, Florida and Virginia, also use FR-44 insurance for people with severe driving offenses on their record.

Seeking Legal Assistance for an Underage DUI

Facing underage DUI charges does not have to be a life-ruining event. A DUI attorney can instill confidence as they help you navigate your case. With their guidance, you can understand your charges and potential legal consequences.

Visit the Super Lawyers directory to search for a criminal defense attorney who practices DUI law.