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DUI Penalties for underage drinking

Twenty-eight percent of all 15-20 year olds who die in a car accident were drinking. Every state has a “zero tolerance” statute which makes it illegal for people under the age of 21 to drive with any alcohol in their system.

Zero Tolerance for underage drinking

While each state’s DUI law varies on its zero tolerance classification, most states have set the “designated concentration” at .02%. This is less than one beer for the average teenager. Some states have set the cut-off at .00% and any adolescent driver with a trace of alcohol in their system is automatically in violation of the underage DUI law.

Penalties for DUI

If a juvenile is arrested for DUI they are also charged with possession of alcohol by a minor, and the punishment is different than that of an adult charged with DUI.

Some states will issue an automatic suspension of the minor’s license. Some states will revoke the license for a period of time varying from ninety-days to three years. The judge may also order the minor to attend an alcohol and driving education class.

Additionally, the minor’s car may be impounded. Other DUI penalties include performing community service, paying fees associated with any damages, and/or fines ranging from $100 to $2,000. In some cases, the juvenile may spend two days to one year in jail. Probation may also be required.

In addition to DUI penalties handed down by the court, a juvenile may face other consequences. A young driver is already subject to increased insurance rates due to their high risk status. After a DUI conviction, an insurance provider may raise the driver’s rates much higher or drop them altogether. Without insurance coverage, the young person would not be able to legally operate a vehicle.

If the juvenile driver is later convicted of additional underage DUIs, the DUI penalties involved will be more severe. Underage drivers who refuse to take a breathalyzer test at the scene may also have to deal with harsher DUI penalties.

Hiring a DUI Lawyer

The complexity of juvenile DUI laws and penalties vary from state to state. The best way to navigate the courts and determine what the best course of action for you and your family is to consult with an experienced DUI attorney in your state.

DUI lawyers can review your DUI case and determine your next step. Most importantly, a DUI attorney can develop the most effective legal defense strategy available for you minor child.



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Reality Check on Teen Drinking and Driving

Every 22 minutes, someone dies in a drinking and driving accident. About one third of all traffic fatalities involve alcohol. According to Buzzle.com, citing a U.S. Department of Transportation study, “out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving.” It gets even worse. Over 25% of teenagers killed in car accidents were drinking before driving or while driving. And many also forget to put their seat belts on.

This guide will point out the main dangers of teen drinking, how drinking will affect you, what laws are in place, how teens can be safer drivers, and what happens if you get DUI charges.

What does drinking do to you?
Many teens equate partying with drinking, of getting a “buzz” or just flat out partying. It’s of course not possible to stop all teen drinking. However, the facts can be a good warning. Drinking affects your ability to walk, speak, and see. These are integral processes, especially being able to see as you drive and having full control of your body. Further, drinking slows down your reaction times, impairs memory, can confuse you mentally, slows down the nerves that move your eyes, hurts muscle coordination, and also can hurt you over longer periods such as with liver disease. And alcohol poisoning itself kills many teens not used to drinking large amounts.

If you have slower reaction times, that is obviously a major danger. If you cannot see well, if your memory on how to drive and follow driving laws is hurt, if you even pass out while driving—these can all lead to an accident and sometimes a death.

So we know how drinking effects you. Now let’s go over the legal ramifications.

Minor DUI Laws
It’s illegal to drink under the age of 21, but as high schools and colleges can tell you, it’s not a law followed by many. This is natural. One of the reasons for the drinking age is related to minors who drink and drive and are severely injured if not die. People used to drinking may be able to drive with some alcohol in their system, while an underage drinker may experience the effects much more. Since thousands die every year in alcohol related accidents, it’s important to note the dangers. And since over 1,000 of these deaths are related to teen drinking, it’s important to avoid ever drinking as driving.

State laws differ on how teen drivers are punished for intoxication. Some treat the problem much more seriously than others. However, since a minor breaks the law simply by drinking, most states penalize teen offenders more severely. Even if you have a .02% level, you can be charged with a DUI as a teen offender.

What can parents do?
If you’re a parent, it’s important to make clear the dangers of drinking and driving. We all go through our teens, perhaps breaking the rules ourselves. However, there is a big difference between having some fun and putting you or another person’s life in danger. It’s not the place of this blog post to say how you explain it to them, but keeping teens aware of the reality behind drinking and driving is important.

How to Get Legal Help
When a teen is charged with a DUI, the penalties can be very stiff. If you have no license, for example, it can be even worse. If you drank at all, the officer can arrest you. The important thing here is to get proper legal representation. The courts will take this charge very seriously, and you should too.



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6 Tips on Underage Drinking and Driving Charges

The  sad fact is that minors who get DUI charges are in fact punished even more severely than regular offenders in some cases.

Why? Since the legal drinking age is 21, and alcohol leads to very large numbers of injuries and deaths, states feel underage drinking and driving charges need to be stricter. For one, no matter how much or little you drink, it’s already illegal. If you or a loved one gets pulled over, what happens is a minor cannot show any signs of drinking.

The blood alcohol content (BAC) level is only .02% for minors, so no matter how much you drink, it’s breaking the law. (The normal BAC is .08 for legal drinkers.)

What can you do to avoid charges? What happens  if you do get pulled over? This guide gives 6 tips for underage drinking and driving.

Never Drink

While it may seem tough, when it comes to handling state laws, there is no basis for allowing minors to drink at all If you don’t drink, the problem is gone. If you get caught once and show you stopped drinking, your problems are over only after penalties. You can lose your license, get incredibly high insurance rates, face fines, and will be forced  to appear in court. If you never drink underage, if you wait until you’re legal, you can avoid problems.

If You Do Drink …
Yes, it’s clear minors are going to drink in some cases. If you ever do drink, stay where you are or ask for a ride home from someone who hasn’t drank. While it may be an inconvenience, it’s sure a lot easier than losing your license.

How to Avoid Penalties
If you do get caught, just be honest and make sure you follow all the rules. If you want to avoid major penalties, you need to hire a DUI attorney to help with your case.

Hiring Expert Help

A DUI attorney can help, usually no matter the age. If you feel the breathalyzer test was wrong, that the officer who arrested you acted in error, or that the charges are false in some other way, you need an expert to help plead your case. At the least, you can bargain with the prosecution for lesser charges. In some cases, the charges may be thrown out if mistakes were made in the arrest.

Fighting Your Case
How do you fight the charges? You can plead with the prosecution, point out the officer never read your rights, or even that the tests for alcohol were wrong. If you feel the charges are correct, you still should hire an attorney. First time offenders rarely have to pay high amounts for help in court.

Getting Professional Help
Alcohol abuse is dangerous, and alcohol addiction destroys lives. If you feel you have a problem, it goes beyond this blog’s topic, but you have the right and ability to ask for it.



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