Underage Drivers

A minor for DUI purposes is considered to be any driver under the age of 21. See 75 Pa.C.S.A. 3801.

Under Section 3802(e) Minors. A Minor is considered to be DUI if their Blood Alcohol Level (BAC%) is .02% or greater.

This is a very small amount of alcohol. Perhaps even as low as 6 ounces of beer.

Minors are treated more harshly in DUI cases, than adults.
For example, a Minor charged with a DUI offense who is accepted into the ARD program must serve a 90 days suspension of their operating privileges as opposed to an adult who would serve:

A. no suspension if the BAC% was between .08% not less than .10%,
B. 30 days if the BAC% was at least .10 but less then .160%, or
C. 60 days if the BAC% was greater than .16% at the time of testing or if there were drugs found in the driver's system.
For more information on the ARD program for DUI offenders, goto https://www.yorkda.com/accelerated-rehabilitative-disposition/
Minors must also beware of Section 3803(b)(5), driving while DUI with another Minor on the vehicle.

This increases the penalty from an ungraded misdemeanor to a Misdemeanor of the First Degree.
Under Section 3804(c.1)

Violation involving minor occupant. — An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows:

• (1) For a first offense, to:
o (i) pay a fine of not less than $ 1,000; and
o (ii) complete 100 hours of community service.
• (2) For a second offense, to:
o (i) pay a fine of not less than $ 2,500; and
o (ii) undergo imprisonment of not less than one month nor more than six months.
• (3) For a third or subsequent offense, undergo imprisonment of not less than six months nor more than two years.
Minors are also restricted from being in possession of any alcohol while driving.
An individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.
See Section 3809.
Minors charged with DUI are also frequently charged with careless driving and purchase, consumption, possession or transportation of alcohol if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages.

A person convicted of violating this subsection may be sentenced to pay a fine of not more than
$ 500 for the first violation and not more than $ 1,000 for the second and each subsequent violation.

There is also a driver's license suspension imposed by PennDot. 90 days for the first offense and one year for a second offense.

Helpful Tips For Keeping Young Drivers Safe on the Road

Being a licensed driver is a very exciting time in the lives of most teens. It is also a period of great worry for parents as their children shed some of their dependence and take to the roads for the first time. In a 2016 report, the Pennsylvania Department of Transportation (PennDOT) stated that drivers between the ages of 16 and 21 are of great concern due to their naturally over-zealous driving. During 2016, 17,530 young drivers were involved in motor vehicle accidents in the State, underlining the importance of equipping teenagers with the necessary skills and knowledge to stay safe on the roads.

Practicing safe driving techniques and driving a reliable car is of the utmost importance in keeping a young driver protected on the roads of Pennsylvania. It is very easy for a new driver to become overwhelmed on the road which is why it is so important for parents to instill good driving habits in their children from a young age. Children take note of what their elders are doing, making it imperative for parents to lead by example as far as safe driving is concerned. The following tips will go a long way to help keep teen drivers safe while driving:

  • Don’t drink and drive
Alcohol not only reduces your reaction time but also adversely affects your co-ordination while impairing your judgement of speed, distance and a variety of risks. When we drink we become overly confident and take chances that we normally wouldn’t. While young drivers are less likely than adults to drink and drive they are affected more harshly by it when they do. Even one drink can cause a major impairment as far as safe driving is concerned, resulting in tragedy. DUI charges are harrowing for anyone and even more so for a young driver. It is much easier to refrain from drinking and driving than it is to deal with the possible consequences.

  • Stay off your cellphone
We live in a cellphone-obsessed society with especially teenagers spending more time on their phones than ever before. If you are driving your phone should not be within your reach. Texting, answering & making calls and browsing your social media pages while driving can be a deadly distraction. If you are looking at your phone you can miss a number of visual and audio cues that are imperative in avoiding an accident. Studies have shown that being on your phone while driving is as dangerous, if not more so, as driving under the influence of alcohol or drugs.

  • Obey the speed limit
Speeding is one of the biggest contributors to teen car accident fatalities. Peer pressure often plays a big role in speeding as many teenagers wrongly try to impress their friends by driving faster than they should. There is no competition on the roads to see who can drive the fastest, keep your eyes on the speed limits and your own speed at all times. There is never an excuse to speed, not even if you are late for school. Everyone would much rather have you arrive five minutes late than not at all.

  • Minimize distractions within the car
It is very tempting to play your music loudly, joke around with your friends, eat, drink and fiddle with your radio while driving. It is also very dangerous as all of these distractions can cause your mind to wander. Being distracted for even a second can cause you to not see impending danger or even lose control of your car. Having your friends in the car is one of the most dangerous distractions as it is hard to control the actions of others. Rather leave your rowdy friends at home when you are still new to driving – it is easier than to try and correct their distracting behavior while driving.

Becoming an independent road user should be a time of joy and not fear for a young driver and his loved ones. By following the above guidelines and always applying basic common sense when driving, new and experienced drivers alike can ensure their own safety and that of others on the highways and byways of Pennsylvania.

This article was written by Sally Jordan.
Sally Jordan is a professional freelance writer with many years experience across many different areas. She made the move to freelancing from a stressful corporate job and loves the work-life balance it offers her. When not at work, Sally enjoys reading, hiking, spending time with her family and traveling as much as possible.
If you have a question about DUI or criminal offenses, please contact the Law Office of John M. Ogden at (717) 845-1000.

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