Driving Under the Influence - Under 21

Being charged with DUI as a person under 21 in Georgia can have devastating consequences for your future. With Georgia's strict "zero tolerance" policy, even minimal alcohol consumption can lead to serious penalties including license suspension, fines, and potential jail time. These charges can impact your education, career prospects, and personal life for years to come. Don't face these charges alone.

Understanding Georgia's Underage DUI Laws

Georgia has implemented a stringent "zero tolerance" policy for drivers under 21, making its underage DUI laws among the strictest in the nation. While adult drivers face DUI charges at a Blood Alcohol Concentration (BAC) of 0.08% or higher, underage drivers can be arrested with just 0.02% BAC—an amount so minimal it could result from a single drink, certain medications, or even some food products containing trace alcohol. This stark difference reflects Georgia's commitment to discouraging any alcohol consumption by minors. Additionally, underage drivers face harsher license suspension penalties with no limited permit options, mandatory community service, DUI school requirements, and potential juvenile court proceedings for those under 17. The law also prohibits "nolo contendere" (no contest) pleas for drivers under 21, removing an important option often available to adult defendants. These stringent measures create a complex legal landscape that requires specialized defense approaches tailored specifically to young defendants.

Take action today with an experienced DUI defense attorney who understands how to challenge the prosecution's evidence of DUI.

Offense Under 21 21 and Over
Legal BAC Limit 0.02% 0.08%
First Offense (0.02-0.07%) 6 months license suspension, NO permit available N/A (not a per se DUI)
First Offense (0.08%+) 12 months license suspension, NO permit available 12 months suspension, limited permit after 30 days
Test Refusal 12 months suspension, NO permit available 12 months suspension, limited permit with ignition interlock

Comparison of DUI Limits

and Penalties by Age

The Hidden Consequences of an Underage DUI Conviction

Many young people and their parents underestimate how severely an underage DUI conviction can affect their lives:

Educational Impact

  • College admissions issues due to criminal background checks

  • Potential loss of scholarships and financial aid

  • Transportation difficulties affecting attendance

  • Disclosure requirements on applications

Career Consequences

  • Background check disclosures for future employers

  • Disqualification from jobs requiring driving

  • Security clearance complications

  • Professional licensing issues

Financial Burden

The total cost of an underage DUI can be staggering:

  • Fines & Court Costs: $300 - $1,000+

  • DUI School: $300 - $360

  • Probation Fees: $360 - $600

  • License Reinstatement: $200 - $410

  • Insurance Increases: $4,500+ over 3 years

  • Attorney Fees: $1,500 - $5,000+

  • Alternative Transportation: Varies

Total Financial Impact: $8,000 - $10,000+

Special Considerations for Under-21 Drivers

  • No limited driving permits during suspension periods

  • Different court procedures for those under 17

  • No "nolo contendere" (no contest) pleas available

  • Potential juvenile court involvement for those under 17

Don't let an underage DUI charge define your future. Get experienced legal help now.

Our Defense Strategies Include:

  • Challenging the traffic stop: We examine whether the officer had legal reasonable suspicion to stop you.

  • Contesting field sobriety tests: We scrutinize test administration, environmental factors, and medical conditions that may have affected performance.

  • Challenging chemical tests: We investigate equipment maintenance, calibration, proper certification, and chain of custody issues.

  • Questioning implied consent: We examine whether proper procedures were followed and if your rights were violated.

  • Exploring diversion programs: First-time offenders may qualify for programs that can prevent a conviction.

  • Negotiating reduced charges: When appropriate, we work to reduce charges to lesser offenses like reckless driving.

Frequently Asked Questions

  • Georgia has "implied consent" laws, meaning that refusing testing results in an automatic 12-month license suspension. For drivers under 21, this suspension comes with no limited permit options.

  • Yes, insurance rates typically increase by 80% or more after a DUI conviction, and young drivers already pay higher premiums. These increases can persist for 3-5+ years.

  • Unlike adults, drivers under 21 convicted of DUI are not eligible for limited driving permits during their suspension period, making these charges particularly disruptive for students and young workers.

  • For drivers under 17, cases typically go to juvenile court, which focuses more on rehabilitation than punishment. However, DUI records still remain with the Department of Driver Services even if other aspects of the case are sealed.

Client Reviews

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