Age has a lot to do with the charges if you are found to be drinking and driving. If you or someone you know has been charged with under-aged drinking, things can be different than that of driving under the influence (DUI). Read on to find out more.
What Garners DUI Charges?
The legal intoxication level is a blood alcohol concentration (BAC) of .08% in most states. If you are suspected of being under the influence of other substances, like drugs or marijuana, a series of field sobriety tests are supposed to measure impairment. The field sobriety tests commonly used are the walk-and-spin, follow the object, and the one-legged stand. Field tests are usually followed up by blood tests after a warrant is obtained.
What Garners Under-aged Drinking Charges?
The drinking age is 21 in all states and law enforcement can charge those found to have any measurable level of alcohol with under-aged drinking. This level is usually determined by a portable breathalyzer in the field and followed up with a breathalyzer at the station. If the offender is driving, they will be charged with a DUI rather than under-aged drinking, no matter the age. It's worth mentioning that passengers of vehicles can also be charged with under-aged drinking. In fact, if law enforcement has reasonable cause, they can arrest pedestrians, bicycle riders, shoppers, or those taking a walk for under-aged drinking too.
Punishments for Under-aged Drinkers
In general, the potential punishments for under-aged drinking are not as stiff as those arrested for DUI and they are sometimes at the misdemeanor level. Some of them are very similar, though. Particularly for those under-aged drinkers who measure at a higher (than .08%) BAC, the punishments can mirror that of a DUI. In addition to BAC, other factors that influence the punishments for under-aged drinking and that might bring the charges up to the felony level are:
- Accidents, particularly if others were hurt or killed.
- A minor in the vehicle.
- Fleeing to elude law enforcement.
- A previous record of similar offenses.
- Resisting arrest.
In most cases, sentencing involves prevention as much as punishment. Young offenders may not understand the consequences of their actions and that is why many are sentenced to perform community service. Other ways of dealing with under-aged drinking include:
- Classes about the dangers of using substances.
- Probation
- Random drug and alcohol testing.
- Mental health and substance abuse counseling.
- Inclusion in programs aimed at keeping a careful eye on offenders such as drug courts.
Under-aged drinking charges can bring some serious consequences even if it's a misdemeanor. If you or a loved one has been so charged, speak to a criminal defense lawyer right away.
For more information, contact a law firm like Daniels Long & Pinsel.
