Underage DWI: What Happens When You Get Caught Drinking & Driving Under 21
Drinking and driving under the influence of alcohol is never okay, no matter your age. Drinking and driving under the age of 21 is an especially serious matter, carrying consequences that can affect your life and health significantly.
Driving under the influence of alcohol when you’re under 21 not only means you’ll receive an underage DWI (Driving While Impaired) ticket, but it also means you’ll be risking your future, safety, and the safety of others. It’s important to know the consequences of a DWI ticket so you can make the right choice before drinking alcohol and getting behind the wheel. Let’s look at what happens if you get caught drinking and driving under the age of 21 and some ways you can stay safe instead.
What is a DWI, and What Are the Consequences of Getting One If You’re Underage?
First, it’s important to note that North Carolina has a zero-tolerance policy for underage drinking and driving. This means drivers under the age of 21 cannot have any amount of alcohol or illegal substances in their system while driving, according to the North Carolina Department of Public Safety (NCDPS).
This differs from the general DWI law that applies to individuals aged 21 and over, which penalizes drivers with a blood alcohol concentration (BAC) of 0.08% or greater. For underage drivers who refuse to take a breath test, a DWI charge can be brought against you with just the smell of alcohol on your breath.
Under North Carolina law, an underage DWI is a Class 2 misdemeanor for the first offense. This can come with a host of consequences and legal fees.
What’s the Punishment for an Underage DWI?
The penalties for an underage DWI are stringent. If convicted, a person under the age of 21 could face the following legal consequences:
- Immediate license revocation: In North Carolina, according to the NCDPS, any amount of alcohol in the system of a driver under the age of 21 will result in an immediate revocation of their license for 30 days before trial.
- Loss of license for 1 year: If convicted of a DWI while under 21, your driver’s license will be revoked for one year (a judge may instate limited driving privileges if the driver is 18 or older).
- Fines and court costs: An underage DWI is punishable by a fine of up to $1,000. In addition, court costs can add up to thousands of dollars.
- Community service: A judge may assign up to 30 days of community service.
In addition to these legal consequences, an underage DWI charge and conviction can have other repercussions, such as:
- Loss of college scholarships
- Denial of college admission
- Losing your job or employment opportunities
What Are the Fines or Other Costs If I Get a DWI Underage?
As mentioned earlier, drinking alcohol and getting behind the wheel under 21 could lead to a $1,000 fine. However, the financial implications of receiving an underage DWI extend beyond just the initial fine. Court costs, attorney fees, increased insurance premiums, and the cost of alcohol education programs can all add up lighting your pocket by thousands of dollars. In addition, the value of a lost scholarship or job could be immeasurable.
How is a DWI different from an underage DUI or MIP?
DUI stands for ‘Driving Under the Influence.’ In some states, there is a difference between a DUI and a DWI (a DWI being a more severe charge). North Carolina only recognizes a DWI. In addition, because of North Carolina’s zero-tolerance policy, anyone caught drinking and driving under the age of 21 is charged with a DWI.
Another important acronym to know is MIP. An MIP, or ‘Minor in Possession, is a charge for anyone who consumes, possesses, or buys alcohol under the age of 21. If convicted of an MIP, an underage drinker could face:
- Loss of a driver’s license
- A class 1 misdemeanor charge on your record
- Legal fees, charges, fines, and penalties
Keep the Roads Safe with Talk it Out NC
Underage DWI charges are severe and carry long-lasting consequences. The best way to avoid the repercussions of getting a DWI when you’re under 21 is by remaining sober. If you’ve made the mistake of consuming alcohol and need to get home, use these easy steps to ensure safe travels every time:
- Use a rideshare service instead of getting behind the wheel.
- Use the “Text X” plan to send a message to a parent to pick you up immediately, no questions asked.
- Call a sober friend or family member to pick you up.
At Talk it Out NC, we encourage conversations on age-appropriate topics between teens and their parents about the dangers of underage drinking. We have a host of resources to Start the Conversation and continue the conversation.
Beyond these important talks, North Carolina teens can pledge to abstain from drinking alcohol while they’re under 21. Ready to set an example and help keep others safe? Take the Pledge today.
