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What if I Get a DUI While Under 21 in Michigan?

Driving under the influence (DUI) is a serious offense and is incredibly dangerous not only for the driver but for their passengers and those in the vehicles around them. Michigan drivers can be charged with various DUI (often referred to as Operating While Intoxicated) charges depending on the details of their situation. If a driver under the age of 21 is pulled over for a DUI, it can result in a slew of consequences and legal penalties that differ from standard adult penalties imposed on drivers over 21. If you were arrested for an underage DUI, it is important that you are adequately represented during your case. Work with a Marquette DUI lawyer for more information and skilled representation.

What Is Michigan’s Zero-Tolerance Law?

The legal drinking age in Michigan, as it is with every other U.S. state, is 21, meaning that anyone 20 years old or younger is prohibited from consuming alcoholic beverages. Michigan enforces a Zero-Tolerance law regarding underage DUIs.

Under MCL 257.625, “Any person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content.”

The law goes on to define “any bodily alcohol content” as a BAC (blood alcohol concentration) of 0.02 to 0.08% or any presence of alcohol within the body resulting from the consumption of alcoholic beverages unless the consumption was part of a recognized religious ceremony.

Even though 0.08 is the legal limit for drivers, because individuals under the age of 21 are not legally permitted to consume alcohol, any notable amount within the body is considered illegal under the zero-tolerance policy.

Key Elements of the Underage DUI Law

  • Legal BAC Limit: Under age 21, any BAC over 0.02% can trigger a criminal DUI charge
  • Zero-Tolerance: This law applies to both licensed and unlicensed drivers
  • No Religious Exceptions: Alcohol consumed during religious ceremonies is exempt only if legally recognized
  • Terminology: Michigan often used terms like Operating While Intoxicated (OWI) or Operating While Visibly Impaired (OWVI)

What Are the Penalties for a First DUI (OWI) in Michigan?

If you were arrested for a DUI while under the age of 21, you could incur a variety of penalties and legal repercussions. Understanding the potential consequences is crucial in ensuring your legal rights are protected and that you explore all of your options.

First-Offense Underage DUI Penalties

  • Misdemeanor offense
  • Fines up to $250
  • Potential for up to 360 hours of mandatory community services
  • License delays or suspension, depending on age and prior history
  • Increased auto insurance premiums and DMV surcharges after an OWI conviction

What Happens to Your License After an Underage DUI in Michigan?

In addition to the criminal penalties imposed by the court, you’ll find that a DUI offense will also trigger administrative penalties that can impact a driver’s ability to operate a motor vehicle lawfully. These sanctions are imposed by Michigan’s licensing system, so a suspension may occur before a criminal case is resolved.

License Consequences for Drivers Under 21

  • A first offense DUI can result in a 30-day license suspension, with exemptions only for school, work, or treatment
  • A second offense can result in a 90-day suspension
  • License sanctions are imposed by the Michigan Secretary of State

Repeat Underage DUI Penalties and Enhanced Sanctions

Subsequent DUI offenses in the Upper Peninsula and across the state of Michigan can result in additional fines, community supervision, and the potential for incarceration.

Repeat Offenses and Escalating Consequences

  • A second or subsequent underage DUI conviction can result in up to 93 days in jail
  • Fines for repeat offenders can increase up to $500
  • The court may order probation up to two years
  • Drivers can incur 4 points on their license
  • Repeat offenders can face up to 90 days with a suspended or revoked license

Youth Charge Classifications and Special Considerations in Michigan

Michigan law considered some offenders different based on their age and other factors. As such, some offenders under age 17 may have their case heard through the juvenile court.

Age-Based Legal Impacts

  • Those under age 17 generally have their cases handled by the juvenile court system
  • Those aged 17-20 are generally treated as adults for Michigan OWI charges
  • The Holmes Youthful Trainee Act does not apply to underage DUI offenders

What Are the Long-Term Consequences of an Underage DUI?

It’s important to understand that the impacts of an underage DUI in Michigan will extend well beyond potential time spent in jail and hefty fines. This offense can have a prolonged and serious impact on those convicted.

Life Impacts Beyond the Courtroom

  • An OWI conviction will remain on your driving record, impacting your insurance
  • Some colleges review criminal records, which can impact scholarships, housing, and admission
  • You may be unable to receive financial aid
  • Many jobs, especially those in the federal or security sectors, require a clean criminal record, limiting employment opportunities

Administrative Driver’s License Sanctions for Underage DUI

In addition to the criminal penalties that you can face, you’ll find that Michigan also imposes administrative consequences that can impact your ability to operate a vehicle. These penalties are separate from the penalties imposed by the court, and may be imposed before a conviction even occurs.

Administrative Sanctions

  • You will face an immediate license suspension before a conviction even occurs
  • The points accumulated on your license can impact insurance premiums
  • You only have a limited window to request an administrative hearing to challenge the suspension

What Should You Do After an Underage DUI Offense?

If you are charged with an underage DUI in Michigan’s Upper Peninsula, the immediate steps you take can have a considerable impact on the outcome of your case. As such, understanding your rights and deadlines is critical to fighting for the best possible outcome.

Next Steps After an Underage DUI Offense

  • Request all police and DMV records immediately
  • Find out all deadlines for administrative hearings and other important timelines
  • Contact an experienced Michigan DUI attorney

Contact Our Marquette County DUI Lawyers Today

If you or your child has been charged with a DUI in Michigan’s Upper Peninsula, the team at Berger Law is ready to represent you. We understand the impact these charges can have on a young adult’s life, which is why we will do everything in our power to help you fight for the best possible outcome. When you need help, contact our firm today.

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