If you are under 21 and you’ve had a few drinks, you will most likely feel true fear if the police pull you over. This is because Pennsylvania takes a strict approach to underage drunk driving. Around 10% of Pennsylvanian drivers are teenagers, yet this same group accounts for 12% of drunk driving fatalities in the Commonwealth.

Owing to the disproportionate risk presented by teenage drivers, the authorities punish underage driving under the influence (DUI) harshly. While this tough approach may serve to deter some teen drivers from drinking, it can also amplify the consequences of a youthful lapse of judgment.

Hiring a good lawyer may be expensive, but it is far less costly than the criminal penalties and long-term effects of an underage DUI conviction. To ensure you are in good hands, call Fienman Defense today at (215) 515-5332 for a free and confidential consultation.

What To Know About Underage DUI

Getting convicted of any crime at a young age, especially a DUI, can seriously jeopardize your future. Pennsylvania’s “zero tolerance” policy states that anyone under the age of 21 caught with any amount of alcohol in their system could have their driver’s license suspended for three months.

Your insurance company will also increase your premiums by up to $100 or $200 a month. This can add thousands to the cost of your Pennsylvania underage DUI. Repeat offenders may not be able to find anyone willing to insure them at affordable rates.

For these reasons, you should fight your underage DUI charges to minimize the chances of getting a conviction. Never plead guilty to DUI without first consulting with a Philadelphia criminal defense lawyer because there may be several defense strategies available to you.

Long-term Impacts

Aside from legal ramifications, a DUI charge can negatively impact your future greatly. You will need to disclose your DUI in your college applications, which can reduce your chances of getting accepted. If you’re already in college, you may get expelled or suspended. Your car insurance rates will skyrocket. Furthermore, your potential employer will see your underage DUI conviction if you apply for any job requiring a background check.

Your insurance company will also increase your premiums by up to $100 or $200 a month. This can add thousands to the cost of your Pennsylvania underage DUI. Repeat offenders may not be able to find anyone willing to insure them at affordable rates.

For these reasons, you should fight your underage DUI charges to minimize the chances of getting a conviction. Never plead guilty to DUI without first consulting with a Philadelphia criminal defense lawyer because there may be several defense strategies available to you.

Underage DUI Laws in Pennsylvania

You may be convicted of underage DUI if a prosecutor can show beyond a reasonable doubt that you were under 21 years of age and had a blood alcohol content (BAC) of .02 or greater while you were operating a vehicle. Alternatively, you may be charged if there is evidence that you were intoxicated (by alcohol or an illegal substance) at the time you were driving.

The penalties for underage DUI are as follows if you are aged between 18 and 21:

First underage DUI–

• Up to 90 days in jail
• $300 to $500 in fines
• Community service
• Alcohol highway safety school
• 12-month license suspension if your BAC was over .10

Second underage DUI–

• Minimum 5 days in jail with a possible 6-month sentence
• Fines between $300 and $2,500
• 12-month license suspension
• Alcohol highway safety school
• Substance abuse treatment
• Community service

Third or subsequent DUI–

• Minimum imprisonment for 1 year
• Fines of up to $10,000
• Community service
• Rehab
• Revoked driving privileges

Underage DUI Laws in Pennsylvania for Minors

If you are under the age of 18, there is little chance of being sent to jail for underage DUI. People in this age group are punished under Pennsylvania’s Juvenile Act, which seeks to rehabilitate offenders as opposed to punishing them.

The goal of the juvenile criminal system is to minimize the effects of the crime on the offender’s future and may include educative and rehabilitative measures such as counseling, community service, and substance abuse treatment.

How Can an Underage DUI Lawyer Help?

If this is the first time you’ve been charged with DUI, you may qualify for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. If accepted, your charges will get suspended. In exchange, you will need to take the rug and/or alcohol counseling, perform community service, and pay for any damage you caused.

Requesting Expungement

30 days after your successful completion of these requirements, you may request that the record of your arrest and participation in ARD be expunged. Once the expungement takes effect, your encounter with the criminal justice system will no longer be public information. But the prosecutor’s office and law enforcement agencies may still access this information.

Do You Qualify for The ARD Program?

You may not qualify for the ARD program if you’ve been convicted of DUI before. For your first underage DUI charge, you may not qualify for ARD if either of the following applies:

• The DUI involved an accident in which another person was seriously hurt or killed
• There was a child under 14 years of age in the car at the time of the DUI

Additional Defense Options

 If ARD is not a possibility in your case, there still may be defense options. Depending on the facts of your case, your lawyer may be able to:

• File a motion to suppress – Your lawyer could request to remove unlawfully obtained evidence from the case. For example, any evidence obtained from the traffic stop may be excluded from the case if the arresting officer pulled you over without reasonable suspicion.
• Take the case to trial – To obtain your conviction, the prosecutor must prove every element of the case beyond a reasonable doubt. If your lawyer can show there is a reasonable possibility that you were not above the legal limit while you were driving, you will be acquitted. In the context of DUI cases, reasonable doubt can be applied if the accuracy of the officer’s observations or the use of chemical tests is in question.
• Negotiate a good plea agreement–When filing a motion to suppress or proving reasonable doubt at trial is not likely to succeed, it may be in your best interest to accept a plea deal. In exchange for pleading guilty, the prosecutor may offer you the guarantee of lesser penalties. With a good DUI lawyer by your side, you will have a greater chance of obtaining a beneficial plea bargain.

Standardized Field Sobriety Testing Certified

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman has completed the same DWI detection training as most law enforcement officers and he holds a certificate in Standardized Field Sobriety Testing approved by the National Highway Traffic Safety Administration (NHTSA) As an experienced trial attorney, he is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies.

Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.