DUI Cases Involving Underage Drinking “Baby DUI”

January 3, 2020
baby DUI

As states crack down on underage drinking, there are still instances of drivers who are under the legal drinking age being charged with DUI. When this happens, consequences can be severe. Since many states have started to adopt a zero-tolerance policy, those who are facing DUI charges as an underage drinker should expect courts to be tough on them, especially if they caused an accident resulting in injuries or deaths to others. If you are facing DUI charges as an underage drinker, hire the services of a DUI defense law firm in Fairfax County that has a track record of success in these cases, such as Rudolphi Law.

Minimum Tolerance Levels
A person can be charged with “Baby DUI” if they are under age 21 and have a BAC of .02 up to .08. If a person who is under the age of 21 and has a BAC of .08 or higher, then they can be charged with regular DUI similarly to someone who is of legal drinking age. In some cases, the law allows police to impose DUI charges even if the person was simply in the driver’s seat with the key in the ignition, which according to the law gives them control of the vehicle. If you have been involved in a situation such as this, let a Fairfax County DUI lawyer present your case in court.

Punishments for Underage DUI
Baby DUI is punishable as a Class 1 Misdemeanor, carrying a penalty of up to 12 months in jail and a fine of up to $2,500. Additionally, there is a statutory 12 month loss of license and a mandatory minimum fine of $500 (or 50 hours community service in lieu of the fine). The Court may also require the underage person to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP). However, if you caused a serious accident, you could be facing larger fines and significant sentence in a juvenile detention facility or jail. Moreover, if your BAC is .08 or higher, you could be charged with and face the penalties for a regular DUI charge. See DUI Penalty Chart for more information.

Due to the many variances and complexities involved in these cases, put your trust in Rudolphi Law, our Fairfax DUI lawyer has the experience needed to protect your rights from start to finish.