Hornsby & Hornsby, Attorneys at Law            (205) 856-1000

Experienced Counsel, a Personal Touch

Minor DUI

Can a Minor be Charged with a DUI?


A minor, an individual under the drinking age of 21, can be charged for a DUI if they have a Blood Alcohol Level of 0.02. The legal Blood Alcohol Level for individuals 21 and over is 0.08.The penalties and sentencing process differs for minors and those 21 and older and vary based on local and state laws. Contact the law office of Matthew J. Hornsby to challenge your minor’s DUI offense, and to learn the best strategy to challenge your DUI.

What Happens When a Minor is Pulled Over?

When a driver under the age of 21 is pulled over because the police thought they were under the influence of alcohol, the driver will have to complete the same sobriety tests as would an adult. The minor may still be asked to take a breathalyzer, as well as perform both standardized and non-standardized sobriety tests.

If the minor has a blood alcohol level of 0.02 or above, the police has legal right to take the minor into custody until they can be released to a parent and/or guardian.

After the minor is released, they are charged accordingly. The minor faces a basic minimum penalty. Additional penalties may be added in accordance to the minor’s Blood Alcohol Level, refusal of a chemical test, and if the offense has occurred before. With the help of a DUI attorney, it is likely that the minor will face a shorter sentence and suspension of license or permit.

An attorney is critical for a DUI charge for a minor. The arrest is taken as seriously as an adult’s case would. The judge and jury decide whether or not the minor should receive the full DUI charge. With the proper defense strategy developed by Matthew J. Hornsby, your minor will be treated fairly and sentenced accordingly. Contact our law office today for a free consultation and to speak with an experienced DUI attorney (205) 856-1000.