Penalties for Underage Drunk Driving in Mecklenburg County

In many instances, such as where a person’s alcohol concentration is less than 0.08 and that person is not appreciably impaired, it may not be unlawful for a person who is at least 21 years of age to consume an alcoholic beverage and then get in their vehicle and drive. However, the same cannot be said for a person who is under the age of 21. North Carolina General Statute (N.C.G.S.) 20-138.3(a) is a zero-tolerance offense; meaning that this law does not allow for any amount of alcohol, or other drug for that matter, to be in a person’s body who is under 21 years of age while they are driving.

Specifically, N.C.G.S. 20-138(a) makes it a crime for a person less than 21 years of age to drive a motor vehicle on a highway or public vehicular area (a) while consuming alcohol; or (b) at any time while he has remaining in his or her body any alcohol or controlled substance previously consumed.

Implied Consent & Breathalyzer for Underage Drunk Driving

While not classified as an impaired driving offense, driving after consuming by a person under 21 is an implied consent offense. This means that if a police officer suspects you of violating this law, he or she may ask you to submit to a breath test. You do not have to blow; in fact, your case is much stronger if you refuse the breathalyzer. Although a police officer will make you think you must, they simply cannot force you to do so.

If you blow a 0.03 the police officer will be able to charge you with driving after consuming by a person under 21 then testify at your trial that you blew a 0.03. The breath test results, or your refusal to take the test, may be used by the judge in determining whether alcohol was present in your body.

Underage Drinking & Driving Penalties

In North Carolina, driving by a person less than 21 years old after consuming alcohol or drugs is a Class 2 misdemeanor. If you are ultimately convicted of this offense, you are potentially facing some harsh consequences.

License Suspension

Once the North Carolina Division of Motor Vehicles (DMV) receives notice of your conviction of driving after consuming by a person under 21, your driver’s license must be revoked under N.C.G.S. 20-13.2(a). The period of this revocation will last for one year. However, if your driver’s license is revoked solely for driving after consuming by a person under 21, you may be eligible for a limited driving privilege.

Fines and Jail Time

Driving by a person less than 21 years old after consuming alcohol or drugs is a Class 2 misdemeanor in North Carolina. All Class 2 misdemeanors are punishable by a maximum of 60 days in jail and a fine of up to $1,000.00.

Convictions for Both DWI & Underage Impaired Driving

To be convicted of DWI, you must be either appreciably impaired or your breath/blood alcohol concentration (BAC) must be at least a 0.08. However, if there is any amount of alcohol in your system at all, even if you’re not appreciably impaired and even if your BAC is less than 0.08, you can be convicted of driving after consuming under 21. This means that if your BAC is 0.03 you are not likely to be convicted of DWI, but it is much more likely that you could be convicted of driving after consuming by a person under 21, asssuming that you are under 21 years of age.

The other distinction between these two offenses is your age. That is, you can be convicted of DWI even if you are less than 21 years old. However, to be convicted of driving by a person less than 21 years old after consuming alcohol or drugs, you must be less than 21 years old at the time of the offense.

If you are convicted of both driving by a person less than 21 years old after consuming alcohol or drugs and DWI, there are limitations on the punishment a judge may impose. Namely, the combined punishment for the two convictions cannot be more than maximum punishment allowed for the DWI conviction.

Contact Our Charlotte Underage DUI Lawyers

All alcohol offenses are serious, but there is an extra sense of urgency when dealing with an alcohol offense involving a person who is less than 21 years of age. If you or a loved one has been charged with driving after consuming by a person under 21, call the attorneys at Browning & Long, PLLC to discuss your case. Todd Browning and Howard Long will use their experience as former Mecklenburg County prosecutors to evaluate your case and get you as favorable an outcome as possible. Complete a contact form today. 


Our Approach To DWI Cases

Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.
Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.
As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.
While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.