If you’re reading this, there’s a good chance your son or daughter was just arrested for a Michigan underage DUI — and right now, you probably have more questions than answers. What does this mean for their future? Will they lose their license? Could they end up with a criminal record? Is college, or a scholarship, now in jeopardy?
My team and I have handled these cases for over 30 years, and we understand what’s at stake — not just legally, but for the life your child is trying to build. The first thing you need to know is that not all DUI/OWI charges are the same. In Michigan, the charge your son or daughter faces depends heavily on their BAC at the time of arrest, and understanding the difference matters.
Michigan Underage DUI Charges — Three Tiers You Need to Understand
Most people assume a DUI is a DUI. It isn’t — especially for drivers under 21. Michigan law creates three distinct charge levels depending on how much alcohol was in the driver’s system.
Michigan Underage DUI — Zero Tolerance (BAC of .02 to .07)
Michigan enforces a zero-tolerance standard for drivers under 21. While an adult can legally drive with a BAC below .08, a driver under 21 can be charged if their BAC is .02 or higher. At this level, the charge is called Zero Tolerance — and while it’s less serious than a full OWI, it still carries real consequences, including fines, community service, and license restrictions. It is a civil infraction, not a criminal charge, which is a meaningful distinction when it comes to your child’s record.
Operating While Intoxicated (OWI) — BAC of .08 or Higher
If your child’s BAC was .08 or higher, they will be charged with a standard OWI — the same charge an adult would face. This is a criminal charge, not a civil infraction, and it carries significantly more serious consequences, including the potential for jail time, heavier fines, and a longer license suspension. At this level, having an experienced defense attorney isn’t optional — it’s essential.
High BAC (“Super Drunk”) — BAC of .17 or Higher
Michigan’s High BAC law — sometimes called the “Super Drunk” law — applies when a driver’s BAC is .17 or higher, regardless of age. This charge carries enhanced penalties compared to a standard OWI, including mandatory use of an ignition interlock device, longer license sanctions, and greater potential for jail time. If your child is facing a High BAC charge, the stakes are elevated considerably, and the case demands serious attention from the start. You can read more about Michigan’s High BAC law on our website.
What a Parent Needs to Understand About a Michigan Underage DUI Case
Once an arrest is made and chemical testing confirms a BAC level, the case moves into the court system. After release, your child will receive notice of a court date — and that first appearance, called an arraignment, is where a plea is entered. Our team can appear with them at every stage of the process.
After arraignment, we gather and carefully review all of the evidence. We look at whether the traffic stop was legally justified, whether field sobriety tests were administered properly, and whether the breath or blood test results will hold up to scrutiny. Then we meet with the prosecutor. If the evidence is solid, we work to negotiate a reduction in the charge — which can make an enormous difference in terms of the long-term consequences your child faces.
If the evidence has problems, we push harder. Charges get reduced. Sometimes they get dismissed entirely. The goal in every case is to protect your child from as many of the legal consequences as possible. Success in a DUI case is best measured by what does NOT happen to them.
Most underage DUI cases are resolved without a trial. But how they’re resolved — and by whom — matters enormously.
What’s Actually at Stake for Your Child
Beyond the legal penalties, parents are right to worry about the broader picture. A Michigan underage DUI conviction — even a first offense — can affect college financial aid, professional licensing down the road, and how your child appears on a background check for years to come. A Zero Tolerance civil infraction is far less damaging than a criminal OWI conviction. And a reduced charge is far better than a conviction at the original level.
This is why who you hire matters, and why getting involved early — before the case develops a momentum of its own — gives us the best opportunity to help.
A Note on Expungement
Michigan law does allow for expungement of certain Michigan underage DUI convictions, and our team handles those cases. Expungement removes the conviction from public records, which can meaningfully reduce its impact on employment, licensing, and background checks. If your child has already been convicted and is now trying to move forward, it may be worth a conversation about whether they qualify.
Talk to Our Team — Free and Confidential
All of our consultations are free, confidential, and done over the phone, right when you call. My team and I are very friendly people who will be glad to answer your questions and explain things.
We also publish our fees openly on our website — because we think you deserve to know what things cost before you ever make a decision.
We can be reached Monday through Friday, from 8:30 AM until 5:00 PM, at 586-465-1980. You can also reach us through the contact form on our website, the chat box, or our 24-hour answering service if you’re calling after hours.
