Underage DWI

Underage DWI in Louisiana

Underage DWI, as defined by Louisiana Revised Statute 14.98.1, is the operation of a motor vehicle by a person who is under the age of 21 and who has a BAC between .02 and under .08. If the BAC is .08 or above, then the person is charged with an adult DWI, regardless of age.

Zero Tolerance Penalties for Underage DWI

Louisiana has unique underage drinking laws in that minors can consume alcohol on private properties if no alcohol is being sold and the minor has consent from a guardian. To encourage responsible behavior with underage drinking, Louisiana has a zero-tolerance policy for underage DUI charges. The penalties for underage drinking and driving offenses include:

  • First Conviction: $100 to $250 fine, plus court-approved substance abuse and driver education program and possible jail time
  • Second Conviction: $150 to $500 fine, ten days imprisonment; or probation with ten days of community service, possible substance abuse treatment and screening, and court-ordered treatment programs

Awards & Associations

  • ACS Chemistry for Life
    ACS Chemistry for Life
  • Louisiana Association of Criminal Defense Lawyers
    Louisiana Association of Criminal Defense Lawyers
  • Louisiana Veteran Owned Business
    Louisiana Veteran Owned Business
  • Texas DWI Lawyers
    Texas DWI Lawyers
  • Military Veterans Advocacy
    Military Veterans Advocacy
  • National College for DUI Defense Member
    National College for DUI Defense Member
  • Texas Criminal Defense Lawyers Association
    Texas Criminal Defense Lawyers Association
  • Wounded Warrior Project
    Wounded Warrior Project
  • DUI Defense Lawyers Association
    DUI Defense Lawyers Association

How a DWI Under 21 Affects Your Future

The good news is that an underage DUI cannot be used against a person in a DUI charge. The bad news is that nothing in the law prevents the driving while intoxicated charge from being put onto the driver’s record. If the underage DWI charge is discovered by an insurance company or employer, then you can still suffer expensive consequences. A drinking and driving arrest for a college student can also result in a loss of a scholarship and/or the inability to participate in athletic events. If the minor is still in high school, an underage DUI may prevent the student from being accepted by a university.

In many respects a conviction for DWI under the age of 21 is just as serious as an adult DWI and should be defended vigorously by an experienced criminal defense attorney. 

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