What Happens After a DUI Under 18: A Complete Legal Guide

Being charged with driving under the influence (DUI) before turning 18 can affect your license, your education, your finances, and your criminal record for years. This guide explains what typically happens after a DUI under 18, how zero-tolerance laws work, and what options you may have to protect your future.

1. Why Under-18 DUI Is Treated Differently

All states make it illegal for drivers under 21 to drive with any meaningful amount of alcohol in their system, often using a much lower blood alcohol concentration (BAC) threshold than for adults. Many states set the underage DUI limit at 0.02% BAC or lower, compared with 0.08% for adults, in what are called zero-tolerance laws.

Lawmakers adopted these laws because research shows that young drivers are already at higher crash risk, and adding alcohol significantly increases the chance of serious or fatal collisions.

• Adult DUI limit: Usually 0.08% BAC
• Underage/zero-tolerance limit: Often 0.01–0.02% BAC or any detectable alcohol
• Goal: Deter any drinking and driving by minors and reduce crashes

2. What Happens at the Traffic Stop

The process usually starts when an officer believes a minor is impaired or violating traffic laws.

2.1 Initial observations

An officer might pull over a driver under 18 for:

• Speeding, weaving, or running a stop sign
• Headlight or brake-light violations
• Driving too slowly or erratically late at night

If the officer sees signs of alcohol—smell, red eyes, slurred speech, open containers—they may begin a DUI investigation.

2.2 Field sobriety tests and roadside questions

The officer may ask questions about drinking and request that the driver perform field sobriety tests to check balance, coordination, and divided attention. In many states, these tests are voluntary, but refusing can still lead to arrest if there is enough other evidence of impairment.

2.3 Breath or chemical testing

In most states, drivers are subject to implied consent laws, which require licensed drivers to submit to a chemical test (breath, blood, or urine) when lawfully arrested for DUI. Refusing the test can trigger an automatic license suspension, often longer than the suspension for a first-time failure.

3. Arrest, Detention, and Parental Notification

If the officer believes the underage driver is over the legal limit or impaired, the driver may be arrested and taken to a station or juvenile facility. Procedures vary by state, but common steps include:

• Formal arrest and transportation from the scene
• Additional breath or blood testing at the station
• Booking, fingerprinting, and photographs
• Notification of parents or legal guardians

Because the driver is a minor, the case may go to juvenile court. However, if the BAC is high, there is a crash, or someone is injured, prosecutors in some states can seek to transfer the case to adult criminal court.

4. Zero-Tolerance vs. Standard DUI Charges

Underage drivers can face two different kinds of consequences:

• Zero-tolerance / underage DUI offense: Triggered by a BAC at or above a low threshold (often 0.01–0.02%). This is frequently handled as an administrative or non-criminal offense, focusing on license suspension and education, especially when BAC is below 0.08%.
• Standard DUI / DWI charge: Usually requires impairment or BAC of 0.08% or higher. This is a full criminal offense with fines, possible jail, probation, and a long-term record.

Some states treat low-BAC underage cases purely through the motor vehicle department, while higher BAC readings or aggravating factors (crash, injury, high speed) lead to criminal charges. Penalties escalate quickly as BAC, prior offenses, or harm to others increase.

5. License Suspension and Driving Privileges

Loss of driving privileges is often the most immediate and painful consequence for teens and parents.

5.1 Administrative license suspension

In many states, the motor vehicle agency can suspend a minor’s license even before the court case ends, based solely on the BAC test result or a test refusal.

Common patterns include:

• First underage DUI (BAC at or above zero-tolerance level): several months’ suspension, often around 6–12 months
• Second or later underage DUI: longer suspension, sometimes a year or more
• Refusal to test: automatic suspension; first refusal may be around 1 year, with longer periods for repeat refusals

5.2 Limited or hardship licenses

Some states allow minors to apply for a restricted or “hardship” license, typically to drive only to school, work, treatment, or medical appointments. Eligibility and timing depend on state law, prior record, and completion of court-ordered requirements.

5.3 Long-term impacts on driving record

Underage DUI suspensions and convictions often remain on the driving record for years. Insurers may treat an underage DUI as a major violation, raising premiums or even dropping coverage.

6. Court Process: Juvenile vs. Adult

After the arrest, a series of legal events typically follows.

6.1 Charges and first court appearance

The prosecutor reviews the police report and BAC results, then files charges. The first court date might be an arraignment, where the minor (through a parent or attorney) hears the charges and enters a plea. In juvenile court, terminology may differ (for example, “adjudication” instead of “conviction”), but the stakes are still serious.

6.2 Evidence and legal defenses

A defense lawyer may challenge:

• Whether the initial traffic stop was lawful
• How field sobriety and chemical tests were administered
• Whether the testing equipment was properly calibrated and maintained
• Whether the driver’s rights were respected (for example, Miranda warnings in custodial questioning)

Weaknesses in the evidence can lead to reduced charges, dismissal, or more favorable plea negotiations.

6.3 Possible outcomes

Depending on the facts and state law, outcomes might include:

• Dismissal of the case
• Finding of delinquency in juvenile court
• Conviction in adult court (for more serious or repeat offenses)
• Reduced charge (for example, reckless driving or an alcohol-related infraction)

7. Typical Penalties and Conditions for Minors

Even when a first underage DUI is not treated as a full criminal conviction, penalties can still be significant. States differ, but consequences often include a mix of administrative and court-ordered sanctions.

7.1 Jail or detention time

Actual incarceration is less common for first-time low-BAC underage offenses, but it becomes more likely when:

• There is a prior DUI or serious driving record
• The BAC is high (for example, at or well above 0.08%)
• The DUI resulted in a crash, injury, or death

In some states, significant injury or death caused while driving under the influence can result in felony DUI or DUI manslaughter, with multi-year prison sentences.

8. School, Scholarships, and Employment Effects

A DUI under 18 can reach far beyond the courtroom.

8.1 Education and school discipline

• Some high schools and colleges have codes of conduct that may impose discipline for criminal or alcohol-related offenses.
• Student athletes or scholarship recipients could face suspension from teams or loss of aid depending on program rules.
• Absences for court dates, treatment, or community service may disrupt school performance.

8.2 College admissions

Many college applications ask about disciplinary or criminal history. A juvenile record is sometimes treated differently from an adult conviction, but a DUI can still raise concerns for admissions officers, especially for competitive programs or fields related to transportation or law enforcement.

8.3 Jobs and professional licenses

• Some employers conduct background checks that reveal DUI-related offenses.
• Future jobs requiring driving (delivery, commercial transport, rideshare) may be harder to obtain.
• Certain professional licenses or security-sensitive roles may scrutinize any history of substance-related offenses.

9. Insurance, Civil Liability, and Money Costs

Even if jail time is unlikely, the financial impact of an underage DUI can be substantial.

9.1 Auto insurance

Insurance companies often classify a DUI—especially for a young driver—as a high-risk event that triggers:

• Large premium increases
• Non-renewal or cancellation of the policy
• Requirement to obtain high-risk (SR-22 or similar) coverage

9.2 Civil lawsuits after a crash

If the DUI incident involved a collision that injured someone or damaged property, the minor and their parents could face civil liability for medical bills, lost wages, or property damage. When there are serious injuries or death, civil lawsuits can lead to very large damage awards, separate from criminal penalties.

9.3 Typical cost categories

• Fines and court costs
• Attorney’s fees
• Towing and impound fees
• Treatment and education program fees
• License reinstatement and administrative fees
• Increased insurance costs over multiple years

10. Can a Juvenile DUI Be Sealed or Expunged?

Whether an under-18 DUI can be removed from a record depends on state law and how the case was resolved. Some states allow:

• Sealing of juvenile records, which restricts who can see them
• Expungement, which can, in some circumstances, destroy or remove the record from public view

However, serious DUI offenses involving injury, death, or felony charges may not be eligible, and sealed records can sometimes still be accessed by courts, law enforcement, or licensing agencies.

Because the rules are complex and vary significantly by state, minors and parents should consult a licensed attorney or legal aid organization to understand local options.

11. Constructive Steps After an Under-18 DUI

Even though the situation is serious, there are practical steps families can take to improve legal and personal outcomes.

11.1 Get timely legal advice

• Consult a defense lawyer experienced in DUI and juvenile cases as soon as possible.
• Ask about deadlines for challenging license suspensions, which can be very short (sometimes measured in days after arrest).
• Discuss whether treatment or voluntary counseling may help with both the case and long-term safety.

11.2 Take compliance seriously

• Attend all court dates and meetings with probation or court officers.
• Complete alcohol education, treatment, and community service on time.
• Follow any driving restrictions, curfew orders, or school requirements.

11.3 Focus on long-term change

Many underage DUI cases are also a warning sign of risky behavior or early substance misuse. Involving counselors, physicians, or support programs can reduce the chance of repeat offenses and improve future health and safety.

Frequently Asked Questions (FAQs)

Q1: Can I be charged with DUI if my BAC is below 0.08% but I am under 18?

Yes. Under zero-tolerance laws, many states make it illegal for drivers under 21 to operate a vehicle with a BAC as low as 0.01–0.02%. You may face an underage DUI or similar offense even if you would be below the adult legal limit.

Q2: What if I refuse the breath or blood test?

Refusing chemical testing usually triggers an automatic administrative license suspension, often longer than if you had taken and failed the test. The refusal can also be used as evidence in court in many states.

Q3: Will I go to jail for a first-time DUI under 18?

For a first-time underage DUI with a relatively low BAC and no crash or injuries, jail or juvenile detention is less common, and courts focus more on license suspension, fines, education, and probation. However, high BAC levels, prior offenses, or crashes causing injury or death can lead to jail or even prison time in some states.

Q4: How long will my license be suspended?

Suspension length varies by state, BAC level, prior record, and whether you refused testing. A first underage DUI may lead to several months of suspension, while repeat offenses or refusals can result in a year or more of lost driving privileges.

Q5: Will a DUI under 18 stay on my record forever?

Juvenile records may be sealed or expunged in some states, but rules are complex and serious offenses may not qualify. Even when sealed, some agencies can still access the records. You should speak with a local attorney or legal aid office about your state’s specific record laws.

Similar Articles

Teen Tobacco Purchase Laws: Age Limits Explained

Corporal Punishment Laws for Parents in America

Middle Fingers and Free Speech: When Is It Legal?

Underage Drinking in the U.S.: Legal Risks and Real-Life Consequences

Bullying and the Law: Rights, Rules, and School Responsibilities

Serving Alcohol Under 21: State Laws Guide

Author

medha deb

 

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

Read full bio of medha deb