Posted by iberkovits iberkovits in on October 3, 2022
If you are under the age of 21 and have been arrested for DUI, you should know that you face tough penalties. Atlanta’s law applies to underage drivers. This law does not require proof of impairment. However, the presence of drugs in the underage driver’s system is enough to receive a conviction.
Penalties for an underage DUI
Penalties for an underage DUI vary from state to state, but they can include fines, jail time, and license suspension. First-time offenders can expect to lose their license for at least 30 days, and a second offense may result in a year or longer. In addition to fines, an underage DUI conviction can also result in a mandatory alcohol awareness course and community service.
If you’re under 18 years old and were driving under the influence of alcohol when you were arrested, the first-time offense will be treated as a misdemeanor and can carry fines up to $1,000 and up to 40 hours of community service. The more serious penalties can include suspension of your license for up to six months and alcohol abuse treatment.
In some states, an underage DUI conviction may result in a restricted license. Regardless of the state you reside in, underage DUI convictions can affect a young driver’s career and education. This can make it difficult to get a job or even go to school. However, a restricted license can help you get back on the road and avoid a criminal record.
In addition to license suspension, an underage driver who refuses a chemical test can be forced to take an ignition interlock course. The suspension of a license can last from 60 days to a year, and the revocation of a learner’s permit may result in a yearlong license suspension.
APS (Administrative Per Se) Zero Tolerance Law
In California, the Zero Tolerance Law is a statute that applies to underage drivers who have been drinking alcohol. This law prohibits underage drivers from operating a vehicle if they have a blood alcohol concentration of 0.01 percent or more. This level is determined by a preliminary alcohol screening test or other chemical test.
A driver who violates the APS Zero Tolerance law will lose their driver’s license for up to one year, depending on the number of prior violations. However, if this is the first time a person has violated the law, they will be able to apply for a restricted license after a period of 30 days. Additionally, if the driver refuses to submit to a chemical test, the DMV will suspend their license for up to one year.
Underage drivers who have been driving while under the influence of alcohol may be arrested and charged with a traffic infraction. This means that they will be required to pay court-ordered fines and receive a one-year license suspension. Furthermore, they must complete a mandatory driving under the influence awareness class or program in order to restore their license.
The DMV Driver Safety Manual (DMV Manual) was updated in August 2011 and was originally published on 4/30/96. Although there were fewer changes than most people believe, it contains useful information regarding the process and the outcome of Administrative Per Se actions. It also contains information about the hearing process and the APS hearing report.
Georgia Operates Under a “Zero Tolerance” Policy
A person accused of a DUI under Georgia’s Zero Tolerance Law has the right to an administrative hearing before a judge. He or she can present evidence in their defense. They can also be represented by a private attorney. If a defendant is found guilty, he or she could lose his or her license for six months or more. However, if the defendant is not at fault, they can ask for a rescheduling of the hearing.
Under the Zero Tolerance Law, an underage driver may be charged with a DUI if their blood-alcohol concentration is 0.02 percent or above. If the person’s BAC is above that level, they can face aggravated charges. They will also lose their driving privileges.
A person accused of a DWI under 21 years of age should hire an experienced defense attorney. Without legal training, even a competent non-lawyer would struggle to navigate the complicated legal proceedings. Moreover, the administrative hearing process is confusing and getting it wrong can result in serious consequences. An experienced attorney will understand the rules of Georgia’s zero-tolerance law and know how to effectively defend their clients.
Underage drivers who commit a DWI under 21 years of age face stiff penalties. Among these are a one-year license revocation, six months’ license suspension, and a $300-$1000 fine. Underage drivers’ licenses will be revoked if they have a prior alcohol-related charge.
DUI Penalties for Georgia Driver Under 21 Years Old
| BAC Level | Initial Fines | License Suspension | Jail Time | Community Service | |
|---|---|---|---|---|---|
| 1st Offense | .02%–.08% | $300–$1,000 | 6 months* | 24 hours to 12 months | 20 hours** |
| 2nd Offense | .02%–.08% | $600–$1,000 | 18 months | 72 hours to 12 months | 30 days |
| 3rd Offense | .02%–.08% | $1,000–$5,000 | 5 years | 15 days to 12 months | 30 days |
| 1st Offense | Above .08% | Up to $1,000 | Up to 1 year | Up to 1 year | 40 hours |
| 2nd Offense | Above .08% | Up to $1,000 | Up to 3 years | Up to 1 year | 40 hours |
| 3rd Offense | Above .08% | $1,000–$5,000 | Up to 5 years | Up to 1 year | 40 hours |
*If you are 15 years old or younger, your license will be suspended until you turn 17 years old. If it is your second offense, your license is suspected until you are 18-years old.
**As a minor, your community service requirements must be met within 60 days of your sentence.