Underaged and Arrested for a DUI: What Parents Should Know

Being under the drinking age and being arrested for driving under the influence (DUI) will create a lot of conflict and stress for parents trying to deal with things. You need to know how the law looks at such crimes and what the potential penalties could be. Read on to find out more.

Underage Drinking

If a person under the age of 21 is caught drinking alcohol, they can be arrested even if they are not anywhere near a vehicle. The consequences depend on their age, however. For those under the age of 18, if they were not also driving a vehicle, they may be released to their parent's custody. The consequence may include probation, attending classes, random alcohol testing, writing essays, volunteer work, and more. The penalties for those over the age of 18 may be more serious, The charges may only be misdemeanors but may affect the person's criminal record forever.

Underage DUI Charges

Several factors affect what happens to a person who is arrested for DUI. Just as with underage drinking, they are usually released to their parents if they are under the age of 18 but they are sure to face stiffer penalties. Below are listed the factors that can affect sentencing for underaged DUI defendants.

Their age

As mentioned already, those under 18 won't get off easy but seldom face charges like that of someone over the age of 18.

The blood alcohol level (BAC) 

You can be arrested and charged with underage drinking if you register anything at all on a breathalyzer. For those driving and under the influence, their blood alcohol measurement may be a factor in sentencing. Those with a higher BAC may be required to spend more time on probation and undergo more counseling and alcohol testing.

Accidents

If an accident occurred, the sentencing could be worse. If someone was injured, the driver may face additional charges, some of them felonies.

Minors on Board

If the driver had others in the vehicle at the time of the arrest, that could also affect the sentence. Having other minors on board is a bad thing, but having a young child in the vehicle can result in very serious charges like child endangerment.

Arrest Issues

If your teenager decided to outrun law enforcement or failed to stop soon enough, they can also be charged with other crimes. If they appeared uncooperative during the arrest, they might also be charged with resisting arrest.

You will need a criminal defense lawyer to help you with your child's case. Not everything is as it may appear on the police report. Be an advocate for your child and seek legal help for them right away.

Reach out to a local criminal defense attorney for more info.