Underage DUI in Pennsylvania: What Parents and Teens Need to Know

Driving under the influence is serious at any age, but when a driver is under 21, the consequences in Pennsylvania are especially severe. With a zero-tolerance law and strict penalties that affect education, employment, and even housing opportunities, an underage DUI conviction can alter a young person’s future long before adulthood begins. If your teen has been charged with DUI in Chester County or the surrounding area, here’s what you need to know-and how Carosella & Associates can help.

Zero Tolerance, Big Consequences

In Pennsylvania, any driver under the age of 21 with a blood alcohol concentration (BAC) of 0.02% or higher can be charged with DUI. This is far lower than the 0.08% threshold that applies to adults. The law is designed to discourage any amount of drinking and driving for teens and young adults, but it also leaves little room for discretion in borderline cases.

This means even a small amount of alcohol-or a poor decision involving a medication or cannabis product-can lead to criminal charges, license suspension, and long-term consequences. What many parents do not realize is that the consequences of a conviction can haunt their child for years. Insurance premiums can triple, future employers may reject applicants with criminal records, and college admissions can be jeopardized even before senior year ends.

Mistakes That Lead to Underage DUI

Underage DUI charges often arise from situations that may seem minor to teens but are taken seriously by law enforcement:

• Driving after one drink at a party or gathering
• Using a friend’s prescription or recreational cannabis
• Driving with open containers or riding with intoxicated passengers
• Being stopped at a sobriety checkpoint and showing signs of impairment

Many teens do not realize that a DUI charge can be filed even if they are not legally drunk under adult standards. In fact, driving under the influence of any impairing substance, including over-the-counter drugs or energy drinks mixed with alcohol, can be grounds for arrest.

In some cases, teens may not even realize that their BAC is above 0.02% after consuming just a small amount of alcohol. Metabolism, body weight, and time since consumption all factor into how the body processes alcohol, factors that young drivers are often unaware of.

What Teens Face After a DUI Arrest

The penalties for underage DUI vary depending on the circumstances of the case and whether it is a first offense. However, even a first-time conviction comes with mandatory minimums that are hard to avoid.

First Offense:

• License suspension for 12 months
• 48 hours to 6 months in jail
• Fines ranging from $500 to $5,000
• Mandatory alcohol safety school and possibly substance abuse treatment
• Community service hours as part of sentencing

Additional Consequences:

• Points on the driver’s license that may increase insurance rates
• Probation or court supervision
• Loss of scholarships or university admissions
• Disciplinary actions from schools or athletic programs

Judges may also impose curfews, driving restrictions, or require the teen to write essays on the dangers of impaired driving. While these may seem minor compared to incarceration, they can feel humiliating and isolating for a teenager already struggling with the weight of a legal case.

If a minor refuses chemical testing, penalties can escalate. Refusal often leads to longer license suspension and is treated as an admission of guilt in court. In addition, the refusal may be used by the prosecution as a sign of intoxication.

The Long Shadow of a DUI Conviction

Beyond the legal penalties, an underage DUI conviction can have lasting effects:

• Criminal record: A misdemeanor conviction becomes part of the teen’s permanent record and may show up in background checks.
• Employment barriers: Some jobs, especially those involving driving or public safety, may be off-limits.
• Education impact: Many colleges ask applicants to disclose criminal convictions and may deny admission or financial aid.
• Housing challenges: Apartment complexes and rental agencies often run background checks that include criminal history.

Even years after the conviction, teens may be denied internships or face issues when applying for graduate school, licensing, or security clearances. In other words, the impact of a single decision can ripple throughout a person’s life for decades.

Is Expungement Possible for Underage DUI?

Possibly. Pennsylvania law allows some first-time DUI convictions to be expunged if the individual completes an Accelerated Rehabilitative Disposition (ARD) program. This pre-trial diversion program is available at the discretion of the district attorney and is not guaranteed.

If accepted into ARD, the young person must:

• Complete alcohol education or treatment programs
• Pay fines and court costs
• Stay out of further legal trouble for a set period
• Comply with all court terms

Once ARD is successfully completed, the individual may petition the court for expungement. This can be a game-changer when it comes to protecting a teen’s future.

Expungement is not automatic. Your attorney must file a petition and often attend a hearing to argue in favor of clearing the teen’s record. However, when granted, expungement can open doors previously closed due to a criminal record.

What Parents Should Do Right Away

If your child is arrested for DUI, your response matters. Here are steps to take:

1. Stay calm but act quickly: Speak to a criminal defense attorney as soon as possible.
2. Do not let your teen plead guilty without counsel: A guilty plea can limit future options.
3. Request a copy of the police report and any evidence, such as breath or blood test results.
4. Help your child comply with court orders and meet deadlines for hearings or ARD eligibility.

Parents should also keep lines of communication open with schools, guidance counselors, and coaches. Some institutions may offer leniency or support if they are informed early and included in the recovery plan.

How Our Legal Team Can Help

At Carosella & Associates, our team works with parents and teens across Chester County to protect futures-not just defend charges. We:

• Evaluate whether the traffic stop and arrest were lawful
• Identify opportunities for case dismissal or reduction
• Help teens qualify for ARD when appropriate
• Represent your child in court, negotiations, and hearings

Our experienced DUI attorneys understand how sensitive underage DUI cases can be. We approach every case with care, clear communication, and an eye toward preserving your teen’s opportunities.

We also help families create long-term strategies for keeping kids out of trouble and connecting them with support systems that promote resilience and responsibility. Our firm is committed to helping young people move forward-not be defined by one poor choice.

Don’t Let One Mistake Define Your Teen’s Future

An underage DUI is serious, but it does not have to determine the course of your teen’s life. With strong legal representation and a clear strategy, you can minimize damage and create opportunities for a clean slate.

If your child has been charged with underage DUI in Chester County or southeastern Pennsylvania, contact Carosella & Associates for a confidential consultation. We are here to support your family every step of the way.

This blog was originally posted at https://carosella.com/blog/underage-dui-laws-pennsylvania-guide/