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​What Are the Penalties for Minors Convicted of DUI?

What Are the Penalties for Minors Convicted of DUI?

Getting a DUI can have serious consequences for anyone, but for minors under the age of 21, a DUI conviction can completely derail their lives. This article will break down the typical penalties minors face when convicted of DUI, and provide some guidance on how to move forward after a conviction.

DUI Laws for Minors

Every state has “zero tolerance” laws for minors when it comes to drinking and driving. This means minors can be charged with DUI even if their blood alcohol content (BAC) is below the 0.08% limit for adults.

• In most states, minors can be charged with DUI if they have a BAC of just 0.02% – that’s about one beer or drink. Some states have even lower limits or zero tolerance for any amount of alcohol 1.
• Minors can also be charged with DUI if they are visibly impaired, regardless of their BAC. So even if they blow below the limit on a breathalyzer, they can still be arrested and convicted 2.
  
• In addition to DUI, minors are often charged with underage consumption or possession of alcohol if they have any amount of alcohol in their system when arrested 3.

So the bottom line is – if you’re under 21, don’t drink anything and drive. A single sip of beer or small amount of alcohol can land you a DUI conviction.

Penalties for First DUI Conviction

A first-time DUI conviction can bring heavy legal penalties for minors 4:

• Jail time: Up to 6 months in jail is possible for a first offense DUI, however often first-time offenders get little or no jail time. Mandatory minimum sentences range from 1-10 days in most states 5.
• Fines: Fines up to $1000 are common for a first DUI. Some states have mandatory minimum fines of $500-$1000   5.
• License suspension: Most states suspend a minor’s license for 1 year for a first DUI. Some states have mandatory 30-90 day suspensions instead  6.
• Alcohol education: Many states require minors to complete alcohol awareness classes or treatment after a first DUI.
• Ignition interlock: Some states require installation of an ignition interlock device for a period of time after a first DUI.

In addition to the legal penalties, a first DUI brings other consequences:

• Insurance rates increase: Car insurance rates typically double for minors after a DUI conviction.
• Employment issues: Many employers conduct background checks and a DUI can negatively impact job prospects.
• Educational setbacks: A DUI can affect college admissions and eligibility for sports/extracurriculars.

Penalties for Second DUI Conviction

The penalties for a second DUI conviction are significantly harsher:

• Jail time: Mandatory minimum jail sentences for a second DUI range from 5 days to 1 year in most states. Many states impose jail terms of 30 days – 1 year.
• Fines: Fines for a second offense generally range from $500 – $5000.
• License suspension: A second DUI results in a mandatory 1-3 year license suspension in most states.
• Alcohol education/treatment: More intensive alcohol education and treatment programs are typically required after a second DUI.
• Ignition interlock: Most states require an ignition interlock device to be installed for 6 months – 2 years after a second DUI.
• Felony charge: A second DUI conviction may be charged as a felony in some states, instead of a misdemeanor.

Moving Forward After a DUI Conviction

Having a DUI conviction at a young age can feel devastating, but there are ways to move forward:

• Accept responsibility: The first step is to fully accept responsibility for your actions and acknowledge you made a serious mistake. Don’t make excuses.
• Learn from the experience: Think deeply about what led to your DUI. Make changes so it never happens again. Be prepared to speak about this growth.
• Finish probation terms: Complete any probation, alcohol education programs and other terms. This shows maturity.
• Perform community service: Giving back to the community displays character. Include this service on college and job applications.
• Limit alcohol intake: You may have to abstain fully from alcohol for a period. But even afterwards, stick to very limited, responsible intake.
• Focus on your future: Don’t let the DUI define you. Keep studying hard and pursuing your goals. The conviction doesn’t have to ruin your life.
• Be honest: When asked about the DUI on job/college applications, take responsibility and emphasize what you learned.
• Get an expungement: In many states, you can petition the court to expunge the DUI conviction after a period of time if you stay out of trouble. This can give you a clean slate.

While devastating, a DUI conviction doesn’t have to ruin a young person’s life. By learning from mistakes and embracing the experience as an opportunity for growth, minors can recover and still live up to their full potential.

References

 https://dui.drivinglaws.org/resources/dui-and-dwi/dui-basics/the-sobering-facts-underage-duis.htm

 https://www.nolo.com/legal-encyclopedia/underage-dui-laws-and-penalties.html

 https://ohioduidude.com/under-21/underage-dui-drivers/

 https://www.firsttimedriver.com/ohio/dui-laws-for-minors/

 https://www.mwl-law.com/wp-content/uploads/2018/05/DRUNK-DRIVING-LAWS-IN-THE-UNITED-STATES.pdf

 https://dui.drivinglaws.org/resources/dui-and-dwi/state-dui-laws/ohio.htmhttps://www.dominylaw.com/underage-dui-ovi.htmlhttps://www.madd.org/wp-content/uploads/2017/08/IGNITION-INTERLOCK_LAWS.pdfhttps://wallethub.com/edu/dui-dmv-and-insurance-penalties-by-state/13585https://www.nolo.com/legal-encyclopedia/can-i-get-a-job-i-dui-conviction.htmlhttps://dui.drivinglaws.org/resources/dui-and-dwi/dui-basics/the-sobering-facts-underage-duis.htmhttps://www.mwl-law.com/wp-content/uploads/2018/05/DRUNK-DRIVING-LAWS-IN-THE-UNITED-STATES.pdfhttps://dui.drivinglaws.org/resources/dui-and-dwi/state-dui-laws/ohio.htmhttps://www.mwl-law.com/wp-content/uploads/2018/05/DRUNK-DRIVING-LAWS-IN-THE-UNITED-STATES.pdfhttps://dui.drivinglaws.org/resources/dui-and-dwi/state-dui-laws/ohio.htmhttps://www.dominylaw.com/underage-dui-ovi.htmlhttps://www.madd.org/wp-content/uploads/2017/08/IGNITION-INTERLOCK_LAWS.pdfhttps://www.mwl-law.com/wp-content/uploads/2018/05/DRUNK-DRIVING-LAWS-IN-THE-UNITED-STATES.pdfhttps://dui.drivinglaws.org/resources/dui-process/post-conviction-issues/sealing-and-expunging-dui-convictions.htm