Although being arrested is always a serious matter, when it comes to allegations of driving under the influence (DUI), arrests are relatively common. Some statistics indicate that around one percent of U.S.-licensed drivers are arrested for DUIs each year, or up to 1.5 million annual DUI arrests nationwide. But if you're arrested for a DUI before you're even legally able to drink, you may face steeper consequences than drivers who are age 21 or over. Read on to learn more about some of the potential penalties that may result from a DUI conviction when you're under age 21.
What Happens If You're Under 21 During a DUI Arrest?
Driving under the influence is illegal for everyone, but doing so at age 20 or under is doubly illegal. In addition to DUI charges, under-21 drivers may be charged with underage drinking-related crimes, which can increase the potential range of penalties faced upon conviction.
If you're convicted of a DUI and are under the age of 21, there may be additional restrictions placed on you after you've completed any jail sentence. For example, you may be required to report to a probation officer on a regular basis and take drug tests to detect alcohol consumption. In other cases, you may be required to install and use an ignition interlock device on your vehicle (often at your own cost). If you're arrested for public intoxication or another alcohol-related crime before you turn 21, your probation may be extended.
Are There Any Defenses for DUI?
If you're pulled over after you've been drinking and are asked to take a breathalyzer or field sobriety test (FST), you run the risk of being arrested. On the other hand, if an officer has probable cause to pull you over for DUI and you refuse to take a breathalyzer or FST, you're likely to be arrested and charged regardless—many states have laws that treat a person's refusal to submit to a breathalyzer the same as a failed breathalyzer.
This can mean that you may have an even higher risk of being convicted for refusing to take a sobriety test than if you'd taken the test and failed; while a good defense attorney can help you challenge the accuracy of a field sobriety test, there are few who can succeed in convincing a judge (or jury) that a refusal to take a breathalyzer or field sobriety test was not deliberate and should not be treated as a breathalyzer failure.
Contact a DUI lawyer today for more information or assistance.
