Attorney DeBruin represents clients from across lower Michigan.

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What penalties can underage drivers face if caught with alcohol?

On Behalf of | Jan 17, 2024 | Alcohol Offenses, Criminal Defense

Michigan law takes driving under the influence (DUI) very seriously, especially when involving underage drivers. After having multiple drinks, they may lack the driving experience and maturity to control themselves behind the wheel. The law prevents underage drunk driving by enforcing severe penalties for these alcohol-related offenses, discouraging underage drivers from committing these violations.

Both possession and consumption of alcohol can be unlawful for underage drivers based on the circumstances and number of offenses. They can face the following penalties depending on the details:

  • First offense for possession – Violators can receive a civil infraction, fines worth $100, community service, substance abuse screenings and other appropriate sanctions.
  • Second offense for possession – Violators can receive a misdemeanor charge, fines worth $200, community service, substance abuse screenings, license suspension, jail time and other appropriate sanctions.
  • Third offense for possession – Violators can receive a misdemeanor charge, fines worth $500, community service, substance abuse screenings, license suspension, jail time and other appropriate sanctions. 
  • First offense for driving after consuming alcohol – Penalties can include a 30-day license restriction, fines up to $250, community service, points in driving record and other associated costs.
  • Second offense for driving after consuming alcohol, within seven years from the last incident – Penalties can include a 90-day license restriction, fines up to $500, community service, jail time and increased associated costs, including license reinstatement fees and driver responsibility payments.

These are the standard penalties, but they may vary based on the incident. Sometimes, the court can increase sanctions if there are additional charges.

Existing exemptions due to medical amnesty

These policies aim to keep underage drivers from committing these offenses, not to put them at further risk. To reinforce this objective, underage drivers can receive medical amnesty, potentially exempting them from penalties if they seek medical help for any health issues related to their intoxication. The same exemption may also apply to underage drivers assisting their intoxicated companions who need urgent care.

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