Minor (Under 21) DUI

When someone under 21 is arrested for DUI – often called minor DUI – the criminal penalties are less severe, but it should still be taken seriously.  A minor DUI is a misdemeanor, punishable by up to 90 days in jail, whereas an adult DUI is a gross misdemeanor, punishable by up to one year in jail.  Nonetheless, the court can still sentence you to jail, and the Department of Licensing will suspend your license.  Additionally, if you were underage at the time of your DUI arrest, then you are not eligible for an ignition interlock license.   This means that a DUI can have a greater affect on your life, if you are under 21, because the driving restrictions are greater than they would be for an adult DUI defendant.  Additionally, many judges are very concerned when they see a minor charged with DUI, so you can expect the court to impose alcohol treatment obligations, as part of your sentence.   Anyone charged with minor DUI or DUI while underage, should talk to a DUI defense lawyer about their rights.

School and Career Implications

Underage drinking and drug use is viewed as normal behavior by many teenagers and college students.  Society usually gives a wink and a nod to a kid who parties, but the law will not.  It is shocking for a lot of young people to realize that underage drinking or drug use is ignored, until it shows up on your criminal record and then it begins to hurt your chances of getting into college, graduate school, professional school, or certain careers.  Basically, schools and employers are probably aware that you did some underage drinking, but if they see it on a criminal record, then they begin to suspect you are out of control.  For instance, when you apply to law school and join the state bar, you have to disclose all of your criminal convictions.  A criminal record, even if it is for a youthful indiscretion like minor DUI,  can make it more difficult to achieve your long term goals.

For Parents

If your child has been charged with an underage or minor DUI, then you need to act quickly to protect their future.  People under 21 often do not understand the long term consequences of their actions.  In some cases, they may wait to tell you about the charge.  Additionally, younger defendants often think that if they just explain the situation, then they will be let go with a warning.  The tendency to try and reason their way out of trouble is sometimes most prevalent with smarter or more successful young adults, probably because they have done it before or have been given the benefit of the doubt in similar situations in the past.  You cannot talk your way out of a DUI.  In fact, trying to talk your way out of a criminal charge, often has the opposite effect because the suspect ends up making incriminating statements.

You are probably mad as hell about the DUI charge and what it will cost you to get if fixed.  You might even think that your child should just suck it up and take their medicine from the court.  Anger can come later, and it should, but right now you need to focus on protecting your child’s future.  Having a criminal record will not “make your child behave” or help them in the long run.  In fact, it could do just the opposite.