Underage DUI Laws and Penalties

Every state prohibits the operation of a vehicle with a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah) or while under the influence of drugs or alcohol. However, each state also has special impaired driving laws that apply to drivers who are under 21 years of age. The details of state laws differ, but this article outlines some of the basics of how underage DUI laws work and the consequences of violations.

Zero-Tolerance and DUI Laws for Drivers Who Are Under 21

Drivers who are younger than 21 years old are generally prohibited from driving after consuming alcohol. State laws that prohibit underage drinking and driving go by different names such as "zero-tolerance," "underage DUI," and "minor DUI." But, in essence, all these laws simply set a BAC limit that's much lower for underage drivers than it is for drivers who are at least 21 years old.

Zero-Tolerance DUI Laws for Underage Drivers

Many states have underage DUI laws that really are zero-tolerance. These laws prohibit driving with any amount of consumed alcohol for underage drivers. In other words, underage drivers who are caught with any amount measurable amount of alcohol in their system can be charged with a zero-tolerance DUI violation.

Underage DUI Laws That Set Low BAC Limits for Drivers Who Are Under 21 Year Old

The underage DUI laws of many states—including Washington, South Carolina, and Colorado—prohibit the operation of a vehicle with a BAC of .02% or more. California and a number of other states set the limit even lower for underage drivers at .01%.

So, while the laws of these states are exactly zero-tolerance, a tiny amount of alcohol can put you over the limit.

Prosecution of Underage Drivers Under Adult DUI Laws

The existence of underage DUI laws doesn't make an underage driver immune from being charged with a normal DUI. Underage drivers who are legally impaired (by drugs or alcohol) or have a BAC of .08% or more will likely face standard DUI charges.

The penalties for underage drivers who are convicted of a normal DUI are generally the same as older drivers face. However, the penalties sometimes differ somewhat (especially, with jail time) if the underage driver is still a minor.

Penalties for an Under-21 DUI Offense

Prosecutions of underage DUI laws and the penalties resulting from a conviction typically differ from those associated with standard DUI charges.

How Underage DUI Prosecutions Work

In many states, underage DUIs are criminal offenses and are prosecuted in criminal court. However, in some states—like Florida and Kansas—an underage DUI isn't a crime but an administrative violation. In these states, penalties like license suspension and substance abuse treatment are handled administratively. Also, underage DUI violations involving minor offenders (under 18 years old) are handled in juvenile court in some states.

License Suspension, Jail Time, and Fines for Under-21 DUI Convictions

The penalties associated with an underage DUI are typically less severe than those resulting from a standard DUI conviction. Underage DUI convictions often carry fines of about $250 to $1,000 and up to six months of jail. State laws that don't impose possible jail frequently require in-kind community service hours.

An underage DUI will also lead to license suspension. The suspension period typically ranges from 30 days to one year, depending on the state. However, in some states, suspended drivers might be able to obtain a limited license by installing an ignition interlock device.

How Long Do Underage DUIs Stay on Your Record?

Each state has its own system for recording underage DUI violations. Some states record underage DUIs only administratively through the DMV. But in states where an underage DUI is a criminal offense, it'll show up on the driver's criminal record.

How long an underage DUI stays on a driver's record depends completely on state law. Because state laws differ so much, it's best to get in touch with a DUI attorney in your area to find out about how an underage DUI might affect your record and options for expunging and cleaning your record.