Underage DUI and Youthful Offender

DUI Lawyer in Birmingham, Alabama defending clients with underage DUIs.

If you are under the legal drinking age and you were pulled over for drink driving, you will face a DUI charge. In Alabama, the legal drinking age is 21, and if you are arrested for DUI and found to have a blood alcohol concentration (BAC) of 0.02% or higher, you will be charged with a DUI offense. In Alabama, drivers under 21 face a strict “zero tolerance” blood alcohol concentration (BAC) limits of 0.02% instead of the adult limits of 0.08%.

Standard Field Sobriety Tests were not desinged for minors. They also can’t give implied consent for a driver’s license supension. 

Although an underage DUI conviction can be a serious matter, it does not mean you are automatically guilty. An experienced DUI defense attornye will know how to protect your rights and fight for the best possible outcome.

At The Stoves Law Firm, P.C., Jason A. Stoves has been representing clients in DUI cases. Call us at (205) 823-7233 or contact us online to discuss you case with a knowledgeable Birmingham underage DUI lawyer.

BAC Limits and Charges

• Under 0.02%: Does not violate the underage limit.
• 0.02%-0.07%: Triggers Alabama’s special underage DUI provision under Alabama Code §32-5A-191(b).
• 0.08% or higher: Subject to standard adult DUI laws regardless of age.
• Impaired Driving: An underage driver can still be charged with a standard DUI if police find them visibly impaired by alcohol or drugs, even if their BAC is below 0.08%.

Can You Get a DUI Under 21 in Alabama?

Yes, an underage driver may be charged with DUI if they are found to be operating a vehicle while impaired by:

• Alcohol
• Illegal drugs
• Prescription medication that impair driving ability
• A combination of substances

The prosecution does not have to show that the driver was legally allowed to consume the substance. The focus is on whether the driver’s ability to operate the vehicle safely was impaired.

Penalties for First-Time Underage DUI (BAC 0.02-0.07)

• License Suspension: A mandatory 30-day driver’s license suspension.
• In Lieu of Standard Penalties: For a first offense in this specific range, the 30 day suspension is typically applied instead of standard jail time or heavy court fines.
• Higher BAC or Repeat Offenses: If the BAC is 0.08% or higher, or if it is a second offense, the driver faces standard adult penalties including:
  • Potential jail time
  • Fines
  • Ignition Interlock Requirements

Legal Defenses to an Underage DUI Arrest

• Unlawful Traffic Stop: Police must have reasonable suspicion or probable cause to pull a vehicle over.
• Flawed BAC Testing: Breathalyzers and chemical tests can malfunction, give false positives, or be administered improperly by untrained personnel.
• Lack of Physical Control: The state must prove the minor was driving or in actual physical control of the vehicle, which can be contested if the car was parked safely with the engine off.

At The Stoves Law Firm, P.C., our team is dedicated to helping you understand the ins and outs of DUI law in Alabama Despite the serious ramifications of an underage DUI, we are committed to providing the guidance you need during an undoubtedly stressful time.

You Do Not Necessarily Have To Be Driving

Sometimes police or prosecutors use the phrase “actual physical control” which generally means a person has the ability to control the vehicle at a given moment (this means they don’t actually have to be driving.

For example, a young person who pulled into a parking lot and shut the engine off can still face an allegation if police suspect they were under the influence of alcohol. Now, whether the State can meet the burden of proof depends on the circumstances, including:

• Where the keys were located
• Whether the engine was running
• What the driver told the officer

Those factors are specific and are frequently disputed, which makes this one of the more promising issues to challenge in the right care.

Will an Underage DUI Stay On Their Record?

Alabama gives qualifying first-time cases in the 0.02% to 0.08% range a measure of privacy protection that most people are unaware of. For that specific first violation, § 32-5A-191(b) prohibits disclosure of information, documents, or records relating to the arrest, conviction, or finding of delinquency by any entity or person, other than to courts, law enforcement agencies, the person’s attorney of record, and the person’s employer.

Can an Underage DUI Affect College or Scholarships?

Yes, a DUI conviction may create complications with:

• College admissions
• Scholarships
• Student Organizations
• Campus Housing
• Professional Programs
• Future employment opportunities

Each school and scholarship program has its own rules regarding criminal charges and convictions.

Can an Underage DUI Affect Car Insurance?

Yes, insurance companies often view DUI-related offenses as high-risk factors. A conviction may result in:

• Increased insurance premiums
• Loss of coverage
• Difficulty obtaining affordable insurance

The impact may continue for several years.

What Happens After An Underage DUI Arrest?

For the parent who just got a late-night phone call, the sequence is fairly predictable:

• Arrest and chemical testing
• Release from custody
• Citation along with a court date
• License consequences
• Attorney review

In Alabama, a person arrested for a DUI generally cannot be released from jail, on bond or otherwise, under their blood alcohol level falls below the applicable statutory threshold, and for someone under 21 that threshold is 0.02%.

Should Parents Hire a DUI Attorney for an Underage DUI?

Yes, an underage DUI can have consequences that follow a young person well into adulthood. An experienced Alabama DUI attorney can help protect the driver’s rights, explain the legal process, and work toward the best possible resolution.

If you, or someone you know, are facing DUI charges, contact us today at (205) 823-7233 to schedule a consultation at The Stoves Law Firm, P.C., to begin the process of retaining Jason A. Stoves. Or, fill out our online contact form.