In most states across the country, a DUI under 21 is a serious offense. Throughout the US, states have implemented zero tolerance laws guaranteeing that a driver under the age of 21 years old who is apprehended with a blood alcohol content of 0.02% or greater automatically is charged with a DUI. While at the time of the offense the underage driver can still be charged with other offenses, including any other DUI offenses that may apply, there are special considerations in the cases of an underage DUI that inflict harsher penalties and more strictly enforced consequences. Also, the underage driver is not granted the same rights an adult DUI defendant would receive.
Understanding Zero Tolerance Laws
The reason the zero tolerance laws have been put into effect is due to the fact that underage drinking and driving by teenagers accounts for over twice the amount of all alcohol related driving offenses as adult DUI situations. At the same time, instances involving fatalities of underage drivers are much higher even at low BAC’s (blood alcohol contents) than for adults at the same levels.
Enforcing Zero Tolerance Laws
The reason the zero tolerance statutes have the effectiveness that they do is because of the fact that underage drivers consider their driver’s licenses one of the most important factors of surviving in social settings. The prospect of immediate revocation of their driving privileges weighs much heavier upon underage drinkers than it does on those of legal drinking age. The fact that, upon being charged with a DUI under the zero tolerance act, an underage driver faces the charges on a per se basis and thus has essentially no defenses, also means no proof of intoxication is need for conviction.
Understanding the Penalties for a DUI Under 21
When a driver under the legal drinking age has tested with a blood alcohol level above 0.02%, he is automatically charged with a per se DUI.
- This means law enforcement doesn't allow for any chance of arguing the charge at the time of arrest.
- Since a person under the age of 21 years old is by law prohibited from consuming alcohol, testing positive for consumption is an automatic DUI.
- The figure of 0.02% is representative of the possibility of the instrument used to test the BAC being off.
- Because of the automatic admission of guilt at arrest, any infraction of a per se DUI is punishable by the full extent of the state law where the infraction took place.
Getting Help
A teenager faced with DUI charges should consult with an experienced criminal lawyer as soon as possible. Your lawyer may be able to help you arrange a deal or plea bargain wherein you can keep the DUI off your permanent record once you become an adult, or can otherwise help you to lessen the impact of the severe DUI penalties for those who drink and drive as teens.
