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I Got a DUI While Underage: Will It Stay on My Record as an Adult?

Categories : Criminal Law
January 29, 2025

Underage DUI in Pennsylvania

Getting a DUI when under the age of 21 is not uncommon in Pennsylvania. The state has strict laws that make it illegal for drivers within this age group to have any alcohol in their system. You can be charged with underage DUI even if your blood alcohol level is well below 0.08% — the legal limit for adults. Sometimes, even cough syrup containing alcohol could be enough to get you a DUI charge!

Unfortunately, mistakes you make when you’re young can remain on your record as an adult. It’s essential to act quickly if you’re charged with an underage DUI and work with an experienced criminal defense attorney. There may be steps you can take to minimize the damage.

What Is the Legal Alcohol Limit for a Person Under 21 in Pennsylvania? 

The blood alcohol content (BAC) impairment rate for drivers under 21 in Pennsylvania is 0.02%. BAC is the percentage of alcohol in a person’s bloodstream. For context, the lowest BAC rate for a standard DUI charge is 0.08%. It is measured using chemical testing, which involves taking a sample of your breath, blood or urine. Generally, the law presumes that drivers agree to chemical testing, and failing to submit without reasonable grounds could result in more severe punishment. 

Typically, the amount of alcohol in a person’s system and the number of previous convictions determine the charge. However, other factors like the presence of a minor, use of controlled substances or accidents also play a crucial role.

What Are the Penalties for Underage DUI?

The punishment for someone under 21 operating a vehicle with a BAC of 0.02% or greater is as follows:

1. First Underage DUI Offense

First-time underage DUI offenses carry penalties such as:

  1. One-year license suspension
  2. Fine from $500-$5,000
  3. A jail term ranging from 48 hours to 180 days 
  4. Community service
  5. Installation of ignition interlock device for one year
  6. Mandatory alcohol highway safety school
  7. Alcohol or drug treatment, if ordered

2. Second Underage DUI Offense

Second-time underage DUI offenses carry penalties such as:

  1. One-year license suspension
  2. Fine from $750-$5000
  3. A jail term ranging from 30-180 days
  4. Community service
  5. Installation of ignition interlock device for one year
  6. Mandatory alcohol highway safety school
  7. Alcohol or drug treatment, if ordered

3. Third Underage DUI Offense

Third-time underage DUI offenses carry penalties such as:

  1. 18-month license suspension
  2. Fine from $1,500-$10,000
  3. A jail term ranging from 90 days to five years
  4. Community service
  5. Installation of ignition interlock device for one year
  6. Mandatory alcohol highway safety school
  7. Alcohol or drug treatment, if ordered

4. Fourth Underage DUI Offense

Fourth-time and above underage DUI offenses carry penalties such as:

  1. 18-months license suspension 
  2. Fine from $1,500-$15,000
  3. A jail term ranging from one to seven years
  4. Installation of ignition interlock device for one year
  5. Mandatory alcohol highway safety school
  6. Alcohol or drug treatment, if ordered

People below 18 are usually processed through the juvenile justice system, which focuses more on rehabilitation than the adult criminal justice system. Juveniles convicted of a DUI may be asked to pay a fine, serve probation or even be sent to an institution for juvenile offenders.

What Are the Impacts of DUI Convictions?

Being convicted of DUI means you get a criminal record, which can impact your life in many ways, such as:

  • Education: A DUI conviction can hinder admission to colleges or universities and impact scholarship eligibility.
  • Employment: A DUI conviction is usually a red flag for employers, making it harder to secure a job.
  • Insurance: DUI convictions can result in higher car insurance premiums or make it challenging to obtain coverage.
  • Social implications: DUIs often carry a social stigma, potentially affecting personal relationships and community standing.

Most organizations run background checks before engaging with people and are usually reluctant to work with those with DUI convictions. DUI can remain on your record for a long time.

What Should You Do When Charged With DUI?

First, try to remain calm. A DUI charge is not an automatic conviction. Second, consult a criminal defense attorney as soon as possible. A lawyer can assess the case and determine the next steps, which may include:

1. Considering Pretrial Options

A criminal defense attorney can assess your pretrial options, including an Accelerated Rehabilitative Disposition (ARD), which is generally available to first-time offenders. ARD allows you to avoid conviction by completing certain conditions, such as community service or alcohol education.

Other times, accepting a plea deal is the most practical option. A classic example is when there is compelling evidence against you. Accepting a plea deal means agreeing to a guilty plea and avoiding trial. In exchange, you may receive a lesser sentence. This option waives your right to contest the charges. However, an attorney may assist in negotiating favorable terms.

2. Proceeding to Trial

DUI trials can be complex, but a criminal defense attorney can help. Lawyers with experience and knowledge in criminal law, specifically DUIs in Pennsylvania, can strategize and help you build a strong defense. For example, if the breathalyzer was faulty or improperly calibrated, or the sample was mishandled, a lawyer can fight to have the evidence excluded and your charges dismissed. Even without a solid defense, an attorney may persuade the judge to impose a less severe sentence.

3. Expunging Your Record if Convicted

Expungement means removing a conviction from an individual’s criminal record. In other words, the information is no longer public, although the prosecutor’s office and law enforcement may still have access. This option is available after completing the sentence. It can lessen the stigma and adverse impacts of the DUI conviction. However, you must meet specific requirements to qualify. A lawyer can determine whether you are eligible and guide you through the process.

Why Trust Us?

MPL Law Firm has served clients in York and throughout Pennsylvania for years. We have experienced criminal defense attorneys who are knowledgeable about the state DUI laws. We have handled complex cases and possess the resources to deliver results. Our lawyers assess each case based on merits, allowing them to develop personalized and practical strategies.

At MPL Law Firm, we prioritize honesty and transparency in all our dealings. We set realistic expectations and strive to achieve the best possible outcome. Whether representing clients in court or negotiating a deal, our lawyers leave no stone unturned. Our forward-thinking approach enables us to find solutions to address diverse legal challenges.

Most importantly, we treat clients like family. We aim to form long-lasting relationships and offer excellent legal services to those we serve. This attribute has allowed us to create strong ties with the community — the secret to our success.

Get Professional Help With Your Underage DUI Charges

Are you facing underage DUI charges and need urgent legal assistance? MPL Law Firm is ready to help. With over 40 years of experience, we can examine your case and guide you through the next steps. We can advise and provide legal representation to protect your rights. Do you want to learn more? Contact us now to schedule a consultation!

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