Underage driving under the influence (DUI) is a serious offense with significant consequences. Drivers under the age of 21 who have been drinking alcohol may be charged with an underage DUI. Different states have different laws about the blood alcohol concentration which constitutes drunk driving for a minor. In some states, underage drivers with trace amounts of alcohol in their blood can be charged with drunk driving. Other states, have adopted the adult standard of a blood alcohol concentration of 0.08 as the standard for minors.
Underage DUI Penalties
Drivers who are convicted of underage DUI face potentially harsh sentences. While the specific sentences vary from state to state, even first time offenders should be prepared for the possibility of
- Losing their drivers’ licenses for a period of time
- Possible imprisonment;
- Significant fines
- Community service; and
- Attending drug and alcohol rehabilitation classes.
Underage DUI Sentencing
Drivers who are arrested for underage DUI usually face two distinct charges. The first is for a DUI and the second is for underage drinking and can include a variety of specific charges such as illegal possession of alcohol or possession of false identification. The combination of charges, particularly if it is not a first offense, can lead to significant sentences.
Judges may consider prior DUI convictions and all of the circumstances of the particular incident when issuing a sentence. For example, a judge may consider whether an accident occurred, whether anyone was hurt and whether other minors were in the car and therefore in danger at the time of the arrest.
A DUI attorney can often help an underage DUI defendant present his case to the judge in the best possible light and may be able to help a defendant receive a lesser sentence then he otherwise would have received without the assistance of counsel.
Get Legal Help for Underage DUI
The potential consequences for underage drinking and driving can be life changing. An underage DUI charge can be a felony depending on the state where the arrest was made and the circumstances of the particular incident. A felony conviction can impact a person’s ability to pursue higher education or get a job. Further, the specific penalties of losing a license and serving jail time are significant.
An experienced DUI attorney can help an underage DUI defendant prepare his or her defense and may be able to help negotiate a different, and often less severe, sentence then the defendant otherwise would have received.
- If you need help with a Juvenile Criminal charge, Submit Your Case for a Free Review from a local Juvenile Criminal Defense Lawyer.
Underage DUI: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | From $600 to $2,100. | Up to 1 Year | Varies by Case | Under 21 DUI based on blood alcohol content of .02 percent or more. License Suspension – 90 Days. All convicted DUI offenders are required to complete a DUI or substance abuse court referral program. |
| Alaska | Fine - $1,500 | Minimum of 72 Hours | Varies by Case | Under 21 DUI based on BAC of .02 or higher. Driver License Suspension – Minimum of 90 Days |
| Arizona | fines and court costs of around $1,700 | minimum of 1 day in jail (9 days suspended sentence if submitting to alcohol treatment evaluation and/or treatment) | at the discretion of the court | license suspension up to 2 years, class 1 misdemeanor criminal record, education classes, community service and other penalties at the discretion of the court |
| Arkansas | Ranges from $150 to $1,000. | Jail time from 1-365 days for a blood alcohol content (BAC) between .08-.15. If a person under the age of 16 was in the vehicle at the time of the offense, you will serve between 7-365 days in jail. | Community service may be issued in lieu of jail time. | Community service may be issued in lieu of jail time. Your license may be suspended for 6 months, however if allowed by the court, a ignition interlock restricted license may be issued. |
| California | Up to $2000 | No jail time for first-time offenders if no other violation | No probation for first-time offenders if no other violation | Mandatory Drug/Alcohol Education classes, suspended driving privileges for at least one year and up to age 21; mandatory "risk" insurance upon reinstatement of driving privileges; the vehicle may be impounded at the judge's discretion; |
| Colorado | $300- $1000 | 5 days to 1 year | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Mandatory public service from 48 to 96 hours. License revoked for 1 year. |
| Connecticut | $100-$3000 | 1 day to 2 yrs | 3-5 yrs | Not Available |
| Delaware | $500-$1,500 | 60 days to 6 months | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. License will be revoked for 1 year. |
| Florida | $250.00 - $500.00 | not to exceed 6 months. | 50 hours of community service or pay $10 for every hour of community service given. | Under 21 DUI determined by BAC of .02 or higher. Drivers license suspension of 6 months. |
| Georgia | $300 - $1000 | 10 days - 12 months | 12 months | No less then 40 hours of community service; # Attend and complete Drug and Alcohol Risk Reduction School; (DUI school); # 12 month suspension of drivers licenses, however after 30 days following the effective date of the suspension individual my apply for a reinstatement. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail. |
| Hawaii | $150-$1500 | up to 14 days | 90 days | Not Available |
| Idaho | Up to $1,000 | No longer than 6 months | Varies by Case | The court may rule after the 30 day suspension to extend the suspension from 60-150 days. The driver may request restricted driving privileges for employment or family health needs. Under 21 DUI determined by BAC of .02 or higher. |
| Illinois | $2500 fine max | Class 4 Felony 2 years first offense 3 years second 8 years as adult 3rd offense | 10 years | alcohol education program $9,000, SL, CS, AA |
| Indiana | up to $5,000 | not to exceed 1 year | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for a minimum of 30 days followed by a probationary period in which only allowed to drive to work and back. |
| Iowa | $500-$1,000 | Up to 1 year in jail, minimum of 48 hours. | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be revoked for 180 days. |
| Kansas | $500-$1,000 | Mandatory 48 hours | 100 hours of community service | Under 21 DUI determined by BAC of .02 or higher. Ordered to participate in a drug safety action education program or a drug treatment program. Drivers license will be suspended initially for 30 days and then restricted for 330 days. |
| Kentucky | $100 to $500 | Varies Widely by Case | Varies by Case | Person may be be required to perform 20 hours of community service work. The offender may also be required to attend a 90-day alcohol education or treatment program. If a driver under 21 drives with a BAC of .08 or greater, the underage offender will be subject to the DUI penalties applicable to adults. |
| Louisiana | up to $1,000 | to 6 months | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. |
| Maine | minimum $5000 - maximum $25000 | 3-7 years in prison | 5 years | CS, SL, AA , Drug education program |
| Maryland | a $500 fine | up to two months in jail | loss of driver’s license for 60 days | Not Available |
| Massachusetts | $500-$5,000 | Up to 2 1/2 years | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for the period of 1 year. |
| Michigan | $100-$500 | up to 93 days in jail. | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. 360 hours of community service. Drivers license will be suspended for 30 days, followed by driving restrictions for an additional 150 days. |
| Minnesota | $1000 to $3000 | 90 days to 1 year | 6 months to 3 years | Not Available |
| Mississippi | $250 to $1,000 | up to 48 hours | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Attend and complete an alcohol safety program or attend a victim impact panel or both. Drivers license will be suspended for a minimum of 90 days and until you attend and successfully complete a alcohol safety education program. |
| Missouri | 500 | 6 months | 1 day to 2 years | loss of license |
| Montana | $300-$1,000 | minimum of 1 day up to 6 months | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for 6 months. |
| Nebraska | none | Varies Widely by Case | Varies by Case | 90 day license suspension |
| Nevada | up to $600 | 7 days to 1 year | at court's discretion | assesment at offender's expense, education programs, vehicle may be confiscated for up to 8 months, possible license plate confiscation, ignition interlock device may be installed |
| New Hampshire | 350-1000 | 30 days | up to 3 years | 6 months suspended drivers license, alternative programs e.g. alcohol abuse counseling |
| New Jersey | Fine between $250 and $400. | Up to 30 days in jail. | Varies by Case | Under 21 DUI based on BAC of .02 or higher. License will be suspended for up to 3 months. Minimum of 6 hours a day for 2 consecutive days in an intoxicated driver resource center. |
| New Mexico | $500 fine | up to 90 days in jail | 24 hours of community service | Under 21 DUI determined by BAC of .02 or higher. Attend a DWI school and participate in a drivers rehabilitation program for alcohol or drugs. |
| New York | $500 to $1,000 | up to 1 year in jail | Varies by Case | Drivers license will be suspended for a minimum of 6 months and will be ordered to pay a mandatory conviction surcharge. Ordered alcohol screening and evaluation prior to sentencing. |
| North Carolina | up to $2,000 | up to 24 months | Varies by Case | Drivers license will also be suspended for a mandatory period of 1 year. The court may also order 24 hours of community service and not allow a limited drivers license for 30 days. Under 21 DUI determined by BAC of .02 or higher. |
| North Dakota | Minimum fine of $250 | Varies Widely by Case | Varies by Case | Under 21 DUI based on BAC of .02 or higher. License suspension of up to 180 days. Possible required to attend addiction facility for alcohol screening and evaluation. |
| Ohio | max 550 | 60-day and not more than two-year license suspension | 6 years | Education program, CS, |
| Oklahoma | Fined up to $1,000. Other charges could include a $75 processing fee, a $25 reinstatement fee and a $200 trauma fee. | Minimum of 10 days in jail up to 1 year. | Varies by Case | Under 21 DUI based on BAC of .02 or higher. Drivers license suspended for 30 days. |
| Oregon | 5000 | 9 suspended | Varies by Case | AA |
| Pennsylvania | 5.000-7.000 | 1-6 yrs | 3 | CA,SL, AA |
| Rhode Island | up to $550 | up to 1 year in juv facility | Varies by Case | 1st offense: 10-60 hrs community service and suspended lic up to 18 months; 2nd lic suspended until 21 |
| South Carolina | Up to $2,500 | Up to 12 months | Varies by Case | Suspension of driver’s license for three months; Suspension of driver’s license for six months if you have had a DUI conviction within the past five years; Mandatory enrollment and completion of an ADSAP if license is suspended |
| South Dakota | Up to $1,000 | Up to 1 year in jail | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for a minimum of 30 days. |
| Tennessee | $350-$1,500 | 24 hours to 11 months | Varies by Case | Drivers license will be revoked for 1 year. Under 21 DUI determined by BAC of .02 or higher. |
| Texas | up to $2,000 | no less than 72 hours and no more than 180 days. | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for no less than 90 days and no more than 1 year. |
| Utah | No less than $700 | No less than 48 hours | The court may allow for community service work in lieu of jail time or you may be placed in an electronic monitoring program at your home. | Under 21 DUI determined by BAC of .02 or higher. Will be ordered to participate in a drug or alcohol screening program and potentially be ordered to participate in a educational series relating to drugs, alcohol or both. |
| Vermont | Up to $750 | Up to 2 years | Varies by Case | Under 21 DUI based on BAC of .02 or higher. Drivers license suspended for a minimum of 90 days. Required to complete an alcohol and driving education program. |
| Virginia | up to $500 | Varies Widely by Case | Varies by Case | Six-month driver's license suspension. |
| Washington | Anywhere from $350 to $5,000 | 1 to 365 days, with a minimum 24 consecutive hours being mandatory. If your BAC was .15% or higher, then 48 hours of jail time are mandatory. | If you plead guilty and are placed on probation, the length of probation will be five years. | An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driver's license. An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident, which was the basis for the deferred prosecution. |
| West Virginia | $100 to $500 | jail time can be given, but the time is not mentioned | instead of jail time, probation time can be given, or a mixture of both | Under 21 with a BAC level of .02%--60 days suspension of liscense. If under 18, they will be assigned up to 24 hours community service and fined up to $100. |
| Wisconsin | up to $300 | Varies Widely by Case | Varies by Case | Under 21 DUI determined by BAC of .02 or higher. Drivers license will be suspended for 6 months or more. |
| Wyoming | up to $750 | to 6 months in jail | Varies by Case | Drivers license will be suspended for 90 days. Under 21 DUI determined by BAC of .02 or higher. |
