Minor DUI Laws
Laws deal harshly with drunk drivers. Punishments can be all the more severe when the drivers at fault are minors, or those under the legal drinking age. Not only do minor drivers face stiffer penalties when it comes to DUI and DWI charges, but the evidentiary basis of those charges is much lower than for adults.
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Zero Tolerance
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Typically, states call drunk driving either driving under the influence of alcohol or intoxicants (DUI), or driving while intoxicated (DWI). These charges can be brought whenever a driver is tested for alcohol and has a blood alcohol level (BAC) above the state's legal limit. For example, anyone driving in a state with a legal limit of .08 percent BAC can be charged with DUI if their BAC is over that limit.
However, that limit only applies to people who are of legal drinking age. States typically apply a "zero tolerance" policy to drivers under 21, including minors. These laws set the BAC level for a DUI much lower for those under 21. If a minor is pulled over and has a BAC over .02 or similar levels, she can be charged with DUI.
Criminal Penalties
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Criminal penalties for DUI range from fines to jail. When minors are arrested for DUI, they are typically charged with the crime, but as juveniles and not adults. Because state juvenile justice systems operate differently than adult courts, DUI charges for minors can result in various sentences. While fines and jail time are possible, juvenile courts are also given discretion when imposing sentences. They can, for example, order the minor to participate in a diversion program, attend alcohol education courses or substance abuse counseling, send them to a juvenile detention facility, place them on probation, or order community service.
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Driving Restrictions
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When minors are charged with a DUI, their driver's license or learner's permit gets suspended and possibly revoked. A DUI charge is enough to revoke their license whether or not the minor is convicted of the crime. License suspensions are not considered criminal punishments, and license revocations typically happen immediately upon the minor being arrested or charged with a DUI. Suspension periods vary by state, but typically last at least three to six months, and can be longer if the state imposes stiffer suspensions for those under 21.
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References
- Photo Credit autumn portrait of 2 teenagers image by Galina Barskaya from Fotolia.com
