Anyone who has attended driver’s education is typically aware of the rules against drinking and driving. Alcohol education is a mandatory part of driver’s education courses. Those hoping to secure a driver’s license learn about how alcohol affects driving ability and the dangers of drunk driving.
Unfortunately, many young people do not internalize those lessons. They may end up getting pulled over by police officers for driving after drinking. Anyone accused of a driving under the influence (DUI) offense faces criminal penalties if convicted. The process is slightly different when the person accused is a motorist who is not yet old enough to legally consume alcohol.
There is a zero-tolerance policy
Most people operating personal vehicles are subject to a strict limit for their blood alcohol concentration (BAC). The limit that applies to those over the drinking age is 0.08%. Underage drivers are subject to a zero-tolerance law that imposes a much stricter limit on their BAC.
Under the zero-tolerance statute, an underage driver with a BAC of 0.02% or higher could be at risk of arrest and prosecution. The penalties for a first zero-tolerance DUI offense include between $100 and $500 in fines or 20 hours of community service. The courts can also suspend their driver’s license for between 30 days and six months.
It is worth noting that underage drivers may face much more serious consequences if their BAC is over the adult threshold of 0.08%. In that scenario, they are subject to the same penalties as adults accused of DUI violations. Those penalties include up to $500 in fines, between 2 and 30 days in jail, a driver’s license suspension lasting up to 120 days and a requirement to complete a 90-day alcohol treatment program.
There are secondary consequences to consider. Young adults accused of drunk driving don’t just need to consider fines and driver’s license penalties. They also need to be aware of the secondary consequences that they may face.
A criminal conviction could affect eligibility for college and financial aid. It could also leave the young adult struggling in an uphill battle as they try to develop themselves professionally after finishing high school. Depending on the age of the driver, they might face an adult charge and an adult criminal record despite not yet being old enough to legally drink.
Young adults typically need help responding effectively to pending underage DUI charges and that’s okay. Understanding the rules that apply and the penalties that are possible may help college students, high school students and young professionals respond appropriately when accused of drunk driving in Kentucky.