THE CONSEQUENCES OF AN UNDERAGE DUI CONVICTION

by Van Den Heuvel Law Office

Michigan has some of the harshest DUI laws in the United States, earning its reputation as a place you wouldn’t want to receive drunk driving charges. The law is even tougher on minors or underage individuals who are accused of driving under the influence. Michigan’s Zero Tolerance law provides harsher punishments for drivers under 21 years old with a blood alcohol content of 0.02 to 0.07%. Considering how Michigan law doesn’t grant leniency to underage drinking, these convictions can have long-lasting impacts that are often more complicated than those of a regular DUI charge. 

Anyone who faces a Michigan DUI Zero Tolerance charge needs to reach out to a knowledgeable attorney. The Van Den Heuvel Law Office is available to review your case at a consultation where we can provide specific guidance. 

What Is Zero Tolerance in Michigan?

Michigan’s Zero Tolerance law is one of the toughest DUI laws in the country. While a first-time DUI offense won’t automatically lead to jail time, underage offenders may be subject to no more than 360 hours of community service alongside a fine of up to $250. A second-time offense does introduce the possibility of up to 93 days in jail, fines of up to $500 and 60 hours of community service. 

Some people mistakenly think that a first-time underage DUI charge isn’t worth fighting since the consequences don’t include jail time. However, this can lead to future hardship since a conviction remains on an individual’s record and will be considered during any possible DUI charges in the future. For instance, if a driver received a DUI Zero Tolerance charge and then received another DUI charge after they turned 21, it would be punished as a second offense. 

Per Michigan state law, there are limitations to using a previous Zero Tolerance conviction to enhance later charges. The prosecution can only use one previous underage conviction, so a felony DUI for a person convicted of Zero Tolerance DUI would need another prior conviction after they turned 21, no matter how many underage convictions they had. 

How Is Impairment Determined?

When officers pull over a driver for a suspected DUI violation, they use the same NHTSA field sobriety test that is used for people aged 21 and older, since the results are accurate no matter the age of the individual who is being tested. The tests are administered no matter the amount of alcohol in a person’s system so the police can establish probable cause to conduct a breathalyzer test. It’s important to note that an underage person can still be charged with a DUI when a breathalyzer test reveals any alcohol in their system, even if they have already passed a field sobriety test. 

Consequences of Underage DUI

Punishments for underage DUI are often more serious than regular DUI charges. Michigan judges can raise the severity of sentencing for such convictions, which can lead to a minor being charged at the same level as an adult. Short-term consequences include community service, fines and even license suspension. A conviction may have ongoing impacts on the defendant’s future education and career prospects since a criminal record may deter employers. 

Contact a Criminal Defense Lawyer Immediately

Considering the potentially severe consequences of Michigan’s Zero Tolerance DUI law, underage drivers accused of a DUI need to speak to act immediately. Our lawyers at the Van Den Heuvel Law Office are available for a consultation.

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