Underage DUI

In effect as of July 1, 1997, The Teenage and Adult Driver Responsibility Act establishes Zero Tolerance as the DUI standard for drivers between the ages of 15 and 21. A blood alcohol content of 0.02 grams or greater is considered under the influence for any driver under age 21.

  • You can be charged with driving or being in control of a vehicle (§40-6-391) or (§52-7-12) watercraft under the influence of alcohol, drugs, or other intoxicating substances.
  • Under the influence of alcohol to the extent that it is less safe for the person to drive
  • Under the influence of any drug to the extent that it is less safe for the person to drive
  • Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive
  • Under the combined influence of any two or more of the substances above to the extent that it is less safe for the person to drive
  • Alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in actual physical control, or
  • Any amount of marijuana or a controlled substance (§16-13-21) present in the blood or urine, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
  • Being under the influence of drugs can include medication for which you have a prescription but has warnings not to drive or operate machinery due to the effects of the medication.

Standard Penalties: Under 21

Blood Alcohol Content of 0.02% through 0.07%
First Offense Second Offense
Loss of license for 6 months, with no re-instatement prior to the end of the revocation period Loss of license for 12 months, with no re-instatement prior to the end of the revocation period
Complete the Driver’s Risk Reduction Program Complete the Driver’s Risk Reduction Program
No nolo contendere plea No nolo contendere plea
20 hours of community service to begin within 60 days of sentencing 40 hours of community service to begin within 60 days of sentencing
Re-take driver’s test Re-take driver’s test
Loss of ability to obtain next Graduated License for 12 months Loss of ability to obtain next Graduated License for 12 months
Blood Alcohol Content of 0.08% or Higher
First Offense Second Offense
Penalties are the same as they are for First Offense with Blood Alcohol Content of 0.02% to 0.07% except: Penalties are the same as they are for Second Offense with Blood Alcohol Content of 0.02% to 0.07% except:
Loss of license for 12 months, with no re-instatement prior to the end of the revocation period Mandatory 24-hour jail term to be served upon conviction*
Mandatory 24-hour jail term to be served upon conviction*  

If the offender is under the jurisdiction of the Juvenile Court due to age, the sentence will be served at a Youth Development Center if one is available in the offender’s county of residence. If one is not available, then the sentence will be served in the custody of the Sheriff. In all cases, the offender will be separated from the main prison population.

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