Are there special circumstances for a DUI under the age of 21?

In a DUI case involving persons under the age of 21, each state addresses the matter differently, but there are special circumstances relevant to DUI cases involving minors. For starters, minors under the age of majority (in most states, under the age of eighteen (18) will have their case handled in the juvenile justice system, which is an entirely different realm of criminal justice than adult criminal law. For persons over the age eighteen (18) or those charged as adults, but still under the age of twenty-one (21), state law will dictate what penalties may be applicable. In essence, these individuals will be charged as adults for criminal DUI offenses, but in addition, the underage drinker will also face penalties and charges related to minor in possession of alcohol or minor consumption of alcohol, if the DUI stems from alcohol. Furthermore, the DUI requirements for most states involving minors sets the per se limit anywhere from .02% to zero tolerance, which means a minor DUI charge can occur at a BAC less than the standard .08% in adult DUI cases.

Additional special circumstances related to minor DUI cases involve the administrative penalties associated with the offense. License bureaus in each state, which are tasked with issuing administrative penalties relating to licenses for drivers, also apply elevated penalties and restrictions on the eligibility of a minor to reinstate his or her license following a conviction of DUI under the age of twenty-one (21).