Underage DUI Laws In Missouri

Driving under the influence (DUI) is a serious offense, and it is particularly concerning when the individual involved is under the legal drinking age. In Missouri, the legal drinking age is 21, and any violation of this law can have significant consequences, especially when it comes to operating a vehicle. Underage DUI laws are designed to deter young drivers from drinking and driving and protect public safety.



If you're a minor in Missouri who has been arrested for driving under the influence, understanding the specifics of the state's underage DUI laws is crucial. This blog post will provide a breakdown of what underage DUI means in Missouri, the legal consequences, and how minors can defend themselves in such cases.

What Constitutes an Underage DUI in Missouri?

In Missouri, the law defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for individuals over the age of 21. However, for drivers under the age of 21, the legal threshold for BAC is much lower.

Under Missouri's underage DUI law, drivers under 21 are considered to be driving under the influence if their BAC is 0.02% or higher. This means that even consuming a small amount of alcohol—such as a single drink—can lead to a DUI charge.

Additionally, the law applies even if the minor does not show signs of impairment. For example, if a teenager is caught driving with a BAC of 0.02% or above, they can be arrested and charged with underage DUI, even if they are not exhibiting any signs of drunkenness.

Legal Consequences of Underage DUI in Missouri

Missouri enforces strict penalties for underage DUI offenses. Depending on the circumstances, consequences may include criminal penalties, administrative actions (such as the suspension of a driver's license), and long-term effects on the minor's criminal record.

1. Criminal Penalties

For underage drivers arrested with a BAC of 0.02% or more, Missouri law treats this as a criminal offense, and the penalties can vary. Some common penalties for an underage DUI conviction include.

• Fines: A fine can range from $250 to $1,000, depending on the severity of the offense and whether there are any aggravating circumstances (e.g., previous DUI offenses or accidents).
• Jail Time: While jail time is typically reserved for more severe offenses, some minors may face up to 1 year in jail for a second or subsequent DUI offense.
• Probation: Instead of serving jail time, a minor may be placed on probation, which could include mandatory alcohol counseling, community service, or other requirements.
  

2. License Suspension

One of the most immediate consequences of an underage DUI conviction is the suspension of the driver's license. Missouri imposes a mandatory license suspension for minors who are arrested for DUI, and the length of the suspension depends on the circumstances:

• First Offense: A first-time underage DUI conviction typically results in a 30-day suspension of the driver's license.
• Second Offense: A second offense could lead to a suspension of up to 90 days.
• Third Offense: If the individual has been convicted of underage DUI multiple times, the suspension period could be one year or more.

Even if the minor does not have a driver’s license, the court may impose restrictions on obtaining a license in the future.

3. Points on Driving Record

Defenses Against Underage DUI Charges in Missouri

Even though the penalties for underage DUI are severe, there may be possible defenses to these charges. Some common defenses include:

1. Lack of Probable Cause for the Stop

In Missouri, police officers are required to have a valid reason to stop a vehicle. If an officer stops a vehicle without reasonable suspicion or probable cause, any evidence obtained during the stop, including breathalyzer results, could be inadmissible in court. If the arresting officer did not have sufficient grounds to stop the driver in the first place, the charges could be dropped.

2. Faulty Breathalyzer or Field Sobriety Test Results

Breathalyzer machines can malfunction, and field sobriety tests can be inaccurate, especially if the minor was nervous, tired, or impaired by factors unrelated to alcohol (e.g., medications or a medical condition). If there are issues with the accuracy of the test or if the test was administered improperly, the defense may argue that the evidence is unreliable.

3. No Alcohol in the System

The BAC level required for underage DUI charges is as low as 0.02%. However, if there is a chance that the BAC test was not accurate or that alcohol was not present in the minor’s system at the time of arrest, it may be possible to argue that the DUI charge should not stand.

4. Improper Administration of the Test

There are specific protocols law enforcement must follow when conducting breath or blood tests. If those procedures were not followed correctly, it could provide a basis for challenging the DUI charge.

What to Do If You Are Arrested for Underage DUI

If you or someone you know is arrested for underage DUI in Missouri, it's essential to take the situation seriously. Here are some steps to take:

• Contact an Attorney: A qualified DUI defense attorney can help navigate the complexities of underage DUI laws in Missouri and work to minimize the consequences. They can challenge the evidence, negotiate with prosecutors, and, if necessary, represent the defendant in court.
• Prepare for a Hearing: If the minor’s license was suspended due to the DUI arrest, a hearing will be required to challenge the suspension. Your attorney can help prepare for this hearing and present arguments for reinstating driving privileges.
• Attend Alcohol Education Programs: In many cases, courts may require minors charged with underage DUI to attend alcohol education programs or treatment. Complying with these programs may help reduce penalties or lead to more favorable outcomes in court.
  

Conclusion

Underage DUI offenses in Missouri carry serious legal consequences, including criminal penalties, license suspensions, and the potential for long-term effects on a minor's future. If you are facing underage DUI charges, it’s essential to seek legal advice from an experienced DUI attorney to understand your rights, explore possible defenses, and work toward the best possible outcome. With over 10 years of experience in criminal defense, Daniel Finder at Finder Law, LLC has helped countless clients fight criminal charges, such as underage DUIs.

Call our office today to set up a time to discuss your case with our attorney and ensure your rights are protected.

It’s crucial for both parents and minors to understand the gravity of driving under the influence. The best way to avoid the consequences of underage DUI is to never get behind the wheel after drinking. Stay safe, and make responsible decisions to protect your future.