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DUI / OUI Under 21 Years Old
Driving under the influence (DUI) or operating under the influence (OUI) is a severe legal matter, and the stakes are even higher for drivers under the age of 21. Although this age group makes up only 10% of licensed drivers across Pennsylvania, they are involved in a disproportionately high number of DUI incidents.
For drivers aged 21 and over, the legal limit for Blood Alcohol Concentration (BAC) is 0.08%. However, Pennsylvania upholds a “Zero Tolerance” policy for underage drivers. This means that if you are under 21, a BAC of just 0.02% is enough to trigger a DUI charge. Because a conviction can severely limit your future educational and career prospects, understanding the gravity of these charges is vital. If you or your child has been detained in Berks County, it is imperative to consult with a Morgantown criminal lawyer to understand your rights and options.
What You Need to Know
The state maintains a rigid stance on underage impaired driving, utilizing strict laws to deter these offenses. The consequences escalate quickly based on the circumstances and prior history.
For a first offense:
- You may face a jail sentence of up to 90 days.
- Fines can range between $300 and $500.
- While a standard first offense might not immediately suspend your license, if your BAC exceeds 0.1%, you face a mandatory 12-month license suspension.
Subsequent offenses:
Penalties become much harsher for repeat violations. A second offense can lead to:
- Jail time ranging from 5 days up to six months.
- Fines increasing to between $300 and $2,500.
- An automatic license suspension for 12 months.
Given the complexity of these sentencing guidelines, having a skilled Morgantown DUI attorney on your side is critical to navigating the legal system effectively.
Additional Charges and Long-Term Consequences:
Arresting officers frequently stack related charges on top of the DUI. These may include being a minor in possession of alcohol, soliciting alcohol, distributing alcohol to other minors, or possessing a fake ID.
Perhaps most concerning is that an underage DUI conviction creates a permanent criminal record. This mark on your history can skyrocket insurance premiums and act as a barrier to future employment. Furthermore, if the defendant is under 18 years old at the time of conviction, the offense cannot be expunged—it remains on the criminal record indefinitely. To mitigate these long-term damages, you should seek the counsel of a Morgantown criminal lawyer immediately.
What You Cannot do in Pennsylvania if You are Under 21
In Pennsylvania, specific activities are strictly prohibited for anyone under the legal drinking age of 21. These include:
- Possessing alcohol
- Purchasing alcohol
- Attempting to buy alcohol
- Intentionally and knowingly transporting alcohol
- Consuming alcohol
Under state law, “alcohol” is defined as any liquor, malt, or brewed beverage containing 0.50 percent or more alcohol by volume.
How can a Mountaineer Law Group Attorney Help You?
I am Attorney Sean Logue, and I specialize in defending clients against DUI charges. Over the years, I have represented numerous young individuals facing underage DUI allegations. I hold a 10.0 Avvo rating and am recognized as a Pennsylvania Super Attorney, providing representation defined by passion and integrity.
My approach is analytical and aggressive. I examine every detail of the traffic stop to determine if your rights were violated. Additionally, I ensure independent testing of blood samples to find any discrepancies in the prosecution’s evidence. As an experienced Morgantown DUI attorney, I will vigorously defend your rights, challenging the charges and working to discredit evidence presented in court.
An underage conviction can derail a young person’s future. It is crucial to mount a robust defense. I am committed to providing the legal support necessary to protect you or your child.
Visit Mountaineer Law Group for a free consultation where we can discuss the specifics of your case. Please dial (304) 381-3656 or contact me online. For legal assistance in Morgantown, Berks County, and the surrounding areas, reach out to a Morgantown criminal lawyer at Mountaineer Law Group today.











