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Published on Mar 28, 2025
A driving under the influence (DUI) charge can have lasting consequences, but the stakes are even higher for drivers under 21. Michigan’s underage DUI law impose strict penalties, including license suspension, fines, and possible jail time, regardless of age.
Whatever your age, a strong and intelligent defense can help reduce the consequences you are facing so you can get back to focusing on your future.
Penalties for Underage DUIs in Michigan
Michigan has over 7.2 million licensed drivers, and many of them are under 21. Some work, and others attend local universities.
Michigan is home to 15 public four-year universities. The University of Michigan-Ann Arbor alone had an enrollment of 52,065 students in 2023. Any student arrested for a DUI who is under the age of 21 can face serious penalties under the state law.
Common penalties for an underage driver who is convicted of a DUI include:
- Fines
- Community service
- License restrictions
- Points on their driving record
However, if the blood alcohol content (BAC) is 0.08% or higher, the case will be treated as a regular DUI (actually called “Operating While Intoxicated,” or “OWI” for short), which carries the potential for jail time.
A second DUI within seven years leads to much harsher penalties, including heavier fines, a revoked driver’s license, lengthier community service requirements, and even greater potential jail time.
Understanding Michigan’s Zero-Tolerance Laws for Minors
Michigan enforces a strict zero-tolerance law for underage drinking and driving. Drivers under 21 years old cannot operate a vehicle with a BAC of 0.02% or higher, even if they are not intoxicated. This means that even a small amount of alcohol in the blood can result in legal consequences. If an officer smells alcohol on the underage driver’s breath, that can provide a reason to conduct field sobriety tests and/or a breathalyzer test.
Unlike standard OWI charges, zero-tolerance violations do not require proof of impairment. The presence of alcohol alone is enough to trigger penalties. However, any minor with a BAC of 0.08% or higher will face regular adult DUI (OWI) charges, leading to more severe legal consequences.
Refusing a breath or blood test under Michigan’s implied consent law can result in an automatic license suspension, even if no DUI conviction occurs.
The Legal Process for Underage DUI Cases
The legal process for underage DUI cases is the same for adults. The criminal charge begins with an arrest and chemical testing to confirm BAC levels. The underage driver is typically brought to the nearest jail for processing. After the defendant is released, they will be notified about a court date where they must appear and answer the charges.
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Underage DUI defendants have the right to an attorney, and, like an adult, should always be properly represented.
During the first court phase, called an arraignment, the attorney can appear with them and enter a plea of guilty, not guilty, or no contest.
After arraignment, we gather and then carefully review all of the evidence. Next, we’ll meet with the prosecutor. If the case is solid enough to survive a legal challenge, then we’ll begin plea negotiations to reduce the charge and minimize the fallout.
The goal in every DUI and criminal case is to avoid as many of the legal penalties and negative consequences as possible. Always remember, success in a DUI (or criminal) case is best measured by what does NOT happen to you.
Most underage DUI cases are resolved outside of a trial. If we can beat the charges, then everything goes away. Otherwise, and as noted, we’ll negotiate to reduce the charge(s) to a less serious offense.
FAQs
Michigan enforces a zero-tolerance policy for underage driving after the consumption of alcohol . Drivers under 21 with a BAC of 0.02% or higher face fines, community service, and license restrictions. A BAC level or .08 or more will result in a regular, “adult” drunk driving (OWI) charge along with all the potential penalties. Repeat offenses carry increased penalties, including more possible jail time.
Any DUI or DUI-related conviction can also impact future employment, education opportunities, and auto insurance rates, making skilled legal representation critical.
Minors caught possessing or consuming alcohol may face a civil infraction or misdemeanor, depending on the circumstances of their arrest. Consequences include fines, community service, alcohol education programs, and potential license restrictions.
Repeat violations often result in harsher penalties, such as increased fines, probation, and license suspension. Even without driving, an underage alcohol charge can create long-term consequences that affect education and employment opportunities.
A first DUI for an underage driver comes with severe penalties, including fines, community service, license suspension, and possible jail time. Courts may require alcohol education or rehabilitation programs. Higher BAC levels, injuries, or property damage can lead to additional charges and enhanced sentencing. A strong legal defense is critical to minimizing penalties and protecting your future.
Michigan’s legal drinking age is 21. Exceptions exist for religious ceremonies and medical use, but underage drinking remains illegal in most cases. Those under 21 caught with alcohol may face fines, community service, and license suspensions. If alcohol consumption is linked to driving, penalties increase significantly. A conviction can impact college admissions, employment, and insurance costs.
Some underage DUI convictions qualify for expungement under Michigan law, depending on the offense and the individual’s record. Completing court-ordered requirements and maintaining a clean record improves eligibility. Expungement removes the conviction from public records, reducing its impact on background checks, employment opportunities, and insurance rates. A lawyer can assess eligibility and guide the process effectively.
Schedule Your Michigan Underage DUI Consultation Today
An underage DUI or Zero Tolerance charge can bring serious consequences, affecting your license, education, and future opportunities. When you wonder about your options, know that the right legal representation can help you secure the most favorable outcome for your case.
At Jeffrey Randa and Associates, we understand how much is at stake when you face these kind of criminal charges. Our team provides personalized, effective legal strategies to fight underage drinking and driving charges. Contact our Greater Detroit office today to call for a consultation and learn how we can help you protect your record and your future.
