Will my someone who is underage get a DUI even if they blow under a .08?

Question

My son recently got stopped for a light out and they gave him a DUI.  He said he had a beer and blew a .07.  But he is only 20. Is this a DUI or drinking under age?

Eric Sterkenburg · Answer

This is both a DUI and drinking under age. There is a 0 policy for under age drinking. Even a 0.001 for a under age person is a DUI.

Thomas Tomko · Answer

In Michigan, there is a separate offense for a person under 21 who drives a vehicle with over .02 in their system.  So answer is yes.  Also, any person in Michigan who may have under a .08 can be subject to a charge of OWI, (operating while intoxicated) if their ability to drive is substantially and materially affected due to the use of alcohol.  They can be charged with OWI (operating while impaired) if they are under .08 and their ability to drive is impaired due to alcohol.

Gabriel Dorman · Answer

Yes. If you are under 21 you are not allowed to driver with any measurable amount of alcohol in your system. There is a "zero tolerance" policy. As such, if your son was driving with a .07% BAC then this will result in a a DUI. There are a number of different code sections that apply to underage DUIs as follows: Vehicle Code Section 23136 is a civil offense which occurs when your chemical test results in a BAC reading of .01% or greater; Vehicle Code Section 23140 is an infraction which occurs when the chemical test reading results in a BAC reading of .05-.07%; and Vehicle Code Section 23152 is a misdemeanor offense which applies to everyone regardless of your age. VC Section 23152(a) does not require a BAC to prove a DUI and VC Section 23152(b) occurs when the BAC is .08% or higher. In any case,  you should be aware that a conviction for any of the above listed offense will result in a suspension of your son's driving privilege for 1 year. I hope this answer was helpful. Good luck.

Scott Hilderman · Answer

Yes,  the slang term for it is a "baby DUI"  It will result in the suspension of his license.

Seth Bloom · Answer

Your son will most likely be facing DUI charges.  The legal limit of .08 BAC applies only to people of legal drinking age. The legal limit of intoxication for underage individuals is .02.  The potential penalties for underage driving under the influence convictions in Louisiana are:  -Fines of $100-$250 -Participation in a court ordered substance abuse program  A DUI conviction can have negative consequences for your son in terms of job and school applications in the future. For this reason, you may want to consider hiring a DUI attorney to represent him and to attempt to keep his record clean.  If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.

Thomas Mueller · Answer

There is a Cal. Veh. Code Section that allows for prosecution of minors even if  below .08. But the D.A. doesn't use it very often. With the help no a good  lawyer the charge can probably be reduced and the 1 year license suspension  avoided.

Michael Palumbo · Answer

Having a positive finding of alcohol to any degree when someone is underage compounds the complexity of the case. He needs to retain counsel ASAP in order to protect his driving privileges and prevent a permanent criminal history.

Terry Nelson · Answer

You SAID he got a DUI.  If so, then thats what he gets to defend against. DUI is Driving Under the Influence, impaired driving, not drunk, regardless of what and how much he had taken or what the BA level was. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.  The DA can amend at any time prior to trial if he feels he can prove additional or different charges.    Of course you can fight it.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do?  Blood test results can be challenged if appropriate.  Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it.   If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.  If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Cynthia Henley · Answer

An underage person who has been drinking but is not the legal limit or higher can be charged and convicted with operating a motor vehicle while under the influence. At least in Texas, there is zero tolerance on consumption of alcohol by minors and drinking so if the minor had just 1 drink, or half a drink, they could be prosecuted and convicted of driving under the influence.

Theodore W. Robinson · Answer

It's both. Since he is an underage drinker, there is usually a zero tolerance  program in place that will go after him strenuously. If he is convicted, he  will likely lose his ability to drive until he is 21 in most states. Hire a  good lawyer for him and perhaps there is a good defense available to him. Good luck.

Andrew Subin · Answer

The legal limit for someone under 21 is zero.  So he can get a minor DUI even if he blew under .08.

Andrew Roberts · Answer

This is serious. He needs the help of an attorney. He can lose his driving privileges for one year- along with other penalties. Call me with any questions.

Jared Altman · Answer

Yes. He can be charged in New York State for DUI. You will have to consult an attorney in your State for more specifics. It is also underage drinking for which he could face separate penalties before the Dept. of Motor Vehicles. But, he can't face both.

Craig Elhart · Answer

Since your son is under 21, he is subject to the no tolerance law which makes it a crime to operate a motor vehicle with a blood alcohol content of 0.02 or greater.  He could also be charged with minor in possession of alcohol.

Michael Nichols · Answer

This can be a sufficient breath estimate to support a charge known as "zero tolerance." In Michigan, .02 to .08 is defined as zero tolerance or "baby DUI." The short term penalties are significantly less but on the other hand, it is still a lifetime conviction in Michigan.

Russell West · Answer

The laws for DUI for an adult age 21 and over are different than under 21. Anyone under age 21 who has a BAC over .02 can be charged with a DUI. Drinking under age can be  charged as minor in possession of alcohol or drugs.  Since .07 is a relatively low BAC you may have a good chance of getting the DUI reduced to a lesser charge.

Anthony Lowenstein · Answer

Minors charged with driving with any alcohol in their blood can be DUI and lose their license for a year. For more information, please see my website.

Robert English · Answer

Possibly both. There is a different standard of law for an underage drinker. You can lose your license for violating the zero tolerance law for underage drinking and driving. You can also be charged with VC 23140 for having a BAC of .05 to .07%. Additionally, even if the BAC is under .08%, you can be convicted of DUI for VC 23152(a) based on field sobriety tests and observed driving.

Philip Hache · Answer

You can be charged with a DUI even if you blew under .08 pursuant to vehicle code 23152(a).  Additionally, there is a zero tolerance if a person is under 21 and driving.  Also, see VC 23140.  (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. I regularly handle DUI's, and have successfully gotten many DUI charges reduced and dismissed.  n more detail.

Robert Driessen · Answer

When you are under 20 you can be charged with a DUI or what is referred to a "baby DUI" He should contact an attorney and the DMV within 10 days of his arrest to attempt to preserve his license.

Matthew Murillo · Answer

It could be both. In California, an under age DUI has much harsher penalties than a 21+ DUI arrest. Most likely, your son is looking at DUI charges, possibly drunk in public or some variation. He should consult with an attorney as soon as possible in order to preserve any rights that may be lost due to lapse of time, with regard to his license and the DMV.

Michael J. Breczinski · Answer

Any presence of alcohol in a person, who is under the age of 21, is a violation  of the DUI statute, except for the presence of alcohol from a recognized  religious ceremony and then it has to be below .02. So yes he can be charged  with drinking and driving. Especially since he is not supposed to be drinking at  all.

Jared Austin · Answer

He could be charged with both since minors are not allowed to buy, consume, or possess alcoholic beverages. Even an unopened alcoholic container in the vehicle could be enough for a charge. When under 21, if his blood alcohol content (BAC) is at 0.2 or above, he can be charged with a DUI as well as a Minor in Possession (MIP). Consult with and retain experienced criminal counsel right away. These are charges that could severely impact his life including fines, costs, possible jail, raised insurance premiums, driver's responsibility fees, driver's license points and suspension, and others. A good DUI attorney is worth the investment considering how much he can save you.

Jeff Yeh · Answer

The legal limit for under 21 is 0.05 in court and 0.01 with the DMV. Contact a DUI specialist immediately, as the DMV portion requires timely action (or your son loses his license for 1 year by default).

Timothy Klisz · Answer

There is a zero tolerance law for underage persons drinking and driving with any alcohol on their system. You son needs legal help and should consult with a local Atty ASAP.

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