College life brings many new freedoms and social activities. But for students at the University of Delaware and elsewhere, one poor decision can put everything at risk. Delaware has a zero-tolerance law for drivers under 21, making it illegal to drive after consuming any alcohol.
Evidence of a blood alcohol content (BAC) of .02 or more is considered “per se” proof of an underage DUI. On average, a .02 BAC amounts to drinking one beer per hour, but it can vary by individual.
Potential consequences for students
A conviction brings mandatory penalties and long-term consequences. For a first offense, the state requires a two-month license revocation for licensed drivers, or a $200 fine for unlicensed individuals, along with mandatory drug or alcohol education and evaluation.
However, it’s the “non-driving” consequences that often hurt college students the most. Possible repercussions include:
- Facing institutional disciplinary action, including suspension or expulsion
- Losing scholarships or financial aid you depend on to stay in school
Having a conviction creates a misdemeanor criminal record, which is generally public. Critically, convictions for Title 21 driving offenses, such as underage DUI, are usually not eligible for expungement under Delaware law. The only possible path to relief for this type of conviction is typically through a rare gubernatorial pardon.
This record will appear on background checks, jeopardizing your chances for professional licensing, key internships and early-career employment. The potential consequences extend far beyond the initial fines and suspension.
Immediate steps to protect yourself
Protecting a bright future starts right after the arrest, and includes actions by students and their parents.
- If you are the student, remain silent. You must be respectful to the officer, but never consent to searches or answer questions without your lawyer present.
- If you are the parent, act quickly. Document the arrest details immediately, including the time, location, and the officer’s name. Avoid all communication with police or prosecutors before you consult with a legal representative.
A strong defense can challenge the state’s case. Your attorney can investigate the probable cause for the traffic stop. They will also examine the calibration of testing equipment and the administration of field sobriety tests.
In some cases, a first-time offender may be eligible for the First Offense Election (FOE) program, which can lead to the dismissal of the charge upon successful completion but generally requires the offender to admit guilt.
If the student’s BAC is under .08 and they are under 18, the case is handled in Family Court. In this setting, preventing a court ruling or achieving a dismissal is critical.
Protecting potential
DUI charges for underage individuals are a significant threat to a student’s long-term opportunities and academic standing. The best path forward can be complex. That’s why it’s advisable to consult a skilled DUI defense attorney to address potential mandatory penalties and the complex defense strategies involved.
