Being arrested for driving under the influence (DUI) is a big deal and the law doesn't mess around with punishment. You can have your driving privileges removed, pay large fines, and even go to jail if you are convicted of DUI. Things can be different, though, depending on your age. Read on to find out more about DUI charges while underage.
What Defines Driving While Under the Influence?
As far as alcohol consumption goes, a driver can be charged with DUI if their blood alcohol concentration (BAC) comes in at .08% or higher. When it comes to other forms of intoxication, such as marijuana and other substances, arrests are based on the results of field sobriety tests followed up by blood tests after the arrest. If you are under the age of 21, you may be charged if your BAC measures anything at all. Also, if you are a passenger in the vehicle or just walking down the street, you can face charges for underage drinking.
Blood Alcohol and Underage Drinking
The way states treat underage drinking varies. Some follow the same guidelines as that for a DUI when meting out punishment. When you are charged with a standard DUI, it's usually more serious than a charge for underage drinking. If the driver is under-aged and the BAC is less than the legal limit, they may face charges based on their age.
Punishment and Underage Drinking
Sentencing guidelines often restrict the power of the prosecutor's office and the judge when sentencing those convicted of under-aged drinking as well as DUI charges. In most cases, the offender is charged with a misdemeanor. The chances for the charges to rise to the level of a felony correspond with the seriousness of the offenses. For example, if the underage drunk driver injured another driver in a wreck, they might be charged with a felony instead of a misdemeanor. Other factors that might make things worse are:
- Extremely high BAC results
- More than one previous arrest for the same or similar thing
- Commission of other crimes—like fleeing or resisting arrest
- A child in the vehicle at the time of the arrest
Offenders under the age of 18 may be charged as a juvenile, but the same factors that increase the seriousness might also mean being charged as an adult. No matter what the circumstances are, being arrested for a drunk driving charge can bring life-changing consequences. You will need a criminal law attorney to help you with your case.
