Giancola-Durkin, P.A.

Consequences of an underage DWI

In Minnesota, getting a DUI while underage can have severe consequences for your future.

If a person under the age of 21 is pulled over, they can be convicted of a DUI even if their blood alcohol content (BAC) is below 0.8%. This is thanks to Minnesota's "Not a Drop" law and it carries severe penalties.

Misdemeanor

If a driver under 21 violates the "Not a Drop" law but has a BAC below 0.8%, you may be charged with a misdemeanor and several other penalties, such as:

  • $700 fine or 90 days in jail
  • Suspension of driver's license for 30 days (1st offense) or 180 days (2nd offense)
  • If unlicensed, the ability to receive a permit or license in the future is restricted

One evening can result in multiple charges. Other applicable misdemeanors, each of which could have additional penalties, include:

  • Refusing to take a breathalyzer or field sobriety test
  • Underage possession or consumption of alcohol
  • Having a passenger who is a minor
  • Public intoxication, resisting arrest
  • Possession of false identification/misrepresentation

Criminal, civil charges

If someone under 21 has a BAC between 0.8%-.16%, you may be charged with a DUI/DWI as an adult, which carries much more severe consequences:

  • $3,000 fine and/or 1 year in jail
  • 90-day suspension of driver's license
  • 90-day use of ignition interlock device
  • Mark will remain on your license for 15 years

These penalties worsen if you refuse a field sobriety test or have previous offenses on your record.

On top of any of the penalties above are consequences at any educational institutions (which could include expulsion), towing fees, legal fees, reinstatement of driver's license fees and education courses on controlled substances. An attorney can always best explain the wide array of costs and criminal charges you may face.

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