You are here: Home / Laws / How Do DUI Laws Impact Underage Drivers?

No one under 21 allowed.

How Do DUI Laws Impact Underage Drivers?

Driving while under the influence is illegal in all 50 states but driving while under the influence and underage can have even more serious consequences.

Still, young adults continue to get behind the wheel while under the influence. In 2017, 17% of high school students reported riding in a car driven by someone who had been drinking. Soberingly, over 1,800 young drivers ages 15-20 years were killed during that year. Of those 1,800+ drivers, 440 had alcohol in their system and 362 had a blood alcohol content above the legal limit for those of legal drinking age.

As bars and social gatherings continue to regain momentum post-pandemic, it’s more important than ever to know the consequences of underage driving under the influence in your state.

Here are some state-specific DUI laws that apply to underage drivers:

California

  • Legal BAC limit:
    • Drivers under the age of 21 with a blood alcohol concentration level (BAC) of 0.05% or higher can be charged with a DUI.
    • Drivers under the age of 21 with a BAC of 0.01% or higher can be convicted of an infraction.
  • Enhanced penalties:
    • Due to California’s Zero Tolerance Law, the DMV is required to suspend or revoke the driving privilege of any person under age 21 who was detained and/or arrested for driving under the influence of alcohol, or a combination of alcohol and drugs, who has a BAC of 0.01% or higher, or refuses to take or complete a chemical test.
    • If you’re convicted of a DUI, you will also face a one-year license suspension, fines, and may be required to complete an alcohol education program.

Colorado

  • Legal BAC limit:
    • Drivers under the age of 21 with a blood alcohol concentration level (BAC) of 0.02% or higher can be charged with a underage drunk driving (UDD).
    • Underage drivers caught driving under the influence of drugs will face over 21 DUI per se penalties.

Florida

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC of 0.02% or higher can be charged with a DUI.
  • Enhanced penalties:
    • If caught while driving with a BAC of 0.05% or higher, your license will be suspended immediately and remain in effect until completion of a substance abuse evaluation and course.
    • You may also be suspended from your place of employment. If your BAC was over 0.02% but under 0.05%, you must complete a Traffic Law and Substance Abuse Education course before reinstatement at your place of work. If you had a BAC of 0.05% or higher, you must complete the state’s DUI program prior to eligibility for hardship reinstatement. In either case, you must serve 30 days without a driver license or permit prior to eligibility for hardship reinstatement.

Georgia

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC of 0.02% or higher can be charged with a DUI, regardless of whether or not their driving was impaired.
  • Enhanced penalties:
    • Georgia has more severe penalties for DUI offenders who are underage. You may receive:
      • Jail time of at least 10 days but less than 12 months
      • Permanent damage to your driving record
      • Probation
      • Fines, at least $300 but no more than $1,000
      • Minimum of 40 hours of community service
      • Mandatory attendance and completion of DUI school
      • Revocation of driver’s license, usually for a period of at least 6 months

Illinois

  • Legal BAC limit:
    • Drivers under the age of 21 with any trace of alcohol in their system can lose their driving privileges.
  • Enhanced penalties:
    • Due to Illinois’ Zero Tolerance Law, you may face a revocation of your driving privileges for at least two years on your first offense.

Ohio

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC of 0.02% or higher can be charged with a DUI or OVI (operating a vehicle under the influence).
  • Enhanced penalties:
    • Due to Ohio’s Zero Tolerance Law, you may face:
      • 0-30 days in jail
      • Fines up to $250
      • Driver’s license suspension period of up to 2 years
      • Restricted driving privileges
      • Required retesting to reinstate your license
      • Required completion of an eight-hour driving class
      • Requirement to maintain an insurance bond on file with the state DMV

Michigan

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC of 0.02% or higher can be charged with an OWI (operating a vehicle while under the influence).
  • Enhanced penalties:
    • Though a first-time underage OWI is a misdemeanor requiring community service and a mandatory fine, subsequent infractions within 7 years can result in more severe penalties.

New York

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC between 0.02%-0.05% will not be charged with a DUI but may face license suspension.
    • ​​Drivers under the age of 21 with a BAC between 0.05%-0.08% may be subject to penalties or common law DWI (driving while impaired).
    • Drivers under the age of 21 with a BAC above 0.08% may be charged with both common law DWI and per se DWI and may be subject to a license suspension for one year.

North Carolina

  • Legal BAC limit:
    • Drivers under the age of 21 cannot drive with any alcohol or illegally-used drugs in their systems.
  • Enhanced penalties:
    • Due to North Carolina’s Zero Tolerance Law, underage drivers caught with any trace of drugs or alcohol in their system will face an immediate 30 day pre-trial license revocation. If officially charged, you may lose your driving privileges for one year.

Pennsylvania

  • Legal BAC limit:
    • Drivers under the age of 21 can face serious consequences for driving with any amount of alcohol in their systems.
  • Enhanced penalties:
    • Due to Pennsylvania’s Zero Tolerance Law, underage drivers caught with any trace of alcohol in their system can face serious consequences. If your BAC is 0.02% or higher, these consequences become even more severe, including a 12 to 18 month license suspension, 48 hours to six months in jail, and fines ranging from $500 to $5,000.

Texas

  • Legal BAC limit:
    • Drivers under the age of 21 can be charged with DUIA (driving while under the influence of alcohol) for driving with any amount of alcohol in their systems.
  • Enhanced penalties:
    • Due to Texas’ Zero Tolerance Law, underage drivers caught with any trace of alcohol in their system can face serious consequences, including license suspension of up to one year, up to 172 days in jail, and fines of up to $2,000.

Wyoming

  • Legal BAC limit:
    • Drivers under the age of 21 with a BAC of 0.02% or higher can be charged with a DUI.
  • Enhanced penalties:
    • Consequences increase in severity if it’s your second or third offense and can include up to 6 months of jail time, a $750 fine, and a six month license suspension with a one-year IID restriction.