If there is one thing worse than being charged with a DUI, it is being charged with a DUI when you are under the legal drinking age of 21. You were not even supposed to be drinking at all, let alone climbing behind the wheel after having a few drinks. As such, this is a pretty serious situation. Here is a look at some of the questions you probably have, along with their answers.
Why were you arrested and charged when you did not blow a 0.08?
In most states, the legal limit for blood alcohol level is 0.08. This means that you cannot legally drive if your BAC is 0.08% or higher. However, this only applies to adults over the age of 21 — people who can legally drink. Since you are under the drinking age, driving with any alcohol in your system at all is technically illegal.
Some states do give you a little leeway to allow for situations such as if you took a cold medication that contained a little alcohol or ate a dessert made with a hint of Irish cream. In Alabama, this limit for people under 21 is 0.02. In California, the limit is 0.05. Some states don't even give this leeway — Hawaii and Illinois are examples — and allow you to be arrested for a DUI if you have any alcohol whatsoever in your bloodstream. In any event, arguing that you are not guilty of a DUI because you did not blow a 0.08 or greater will not hold up in court because of your age.
How long will your license be suspended?
The court took your license away when you were arrested, right? How long you have to go without the license will depend on whether or not you are ultimately convicted of the DUI. If the charges end up being dropped or reduced, you will probably get your license back after your court date. If you are convicted of the DUI, your license will probably stay suspended for at least three to six months. This varies by state. Courts are less likely to give you leeway with a license suspension when you are underage. For example, if you were over 21, they might give you a pass for going to work. But as a younger person, the judge often feels this is less essential and won't let you drive at all. You will have to rely on friends, rideshare services, or public transportation to get from place to place.
Will you have to attend alcohol abuse programs?
Chances are high that this will be a part of your sentence. Often, your lawyer will be able to persuade the judge to reduce your charges or punishment if you agree to attend an alcohol counseling program of some sort. This could be a few one-on-one meetings with a therapist, or it could be attending Alcoholics Anonymous meetings.
Some people find this requirement annoying if they do not believe they have a problem with alcohol. However, even if you are not addicted, you did act irresponsibly with alcohol by driving and drinking while underage. That alone suggests you could probably get something out of this counseling. If nothing else, you might pick up some helpful tips to help you cope with life's challenges in a better way.
Getting arrested for a DUI when you are underage can be traumatic, but you can also choose to look at it as a turning point and a learning experience. Get in touch with a good lawyer and let them represent you in court. They can help ensure this one mistake does not affect the rest of your life in a negative way.
For more information, contact a DUI lawyer.
Share25 November 2019
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