Being charged with a DUI under the age of 21 in Pennsylvania can feel overwhelming. You may be scared, confused, and unsure of what comes next. Whether you’re a college student facing charges or a concerned parent looking for answers, one thing is certain – this isn’t something you can afford to take lightly.
At Muckler Law, we understand how stressful these situations are. We’re here to help you take control of what happens next and protect your future from long-term damage.
Zero Tolerance Laws in Pennsylvania: Why Underage DUIs Are Different
In Pennsylvania, if you’re under 21, even a small amount of alcohol in your system can lead to a DUI charge. The state follows a zero tolerance policy, which means a blood alcohol concentration (BAC) of just 0.02% or higher is enough to trigger a DUI arrest for underage drivers.
That’s often less than a standard drink – and more than enough to result in an arrest. So even if you didn’t feel impaired, the law doesn’t leave much room for error and officers don’t need much to justify a charge.
In many cases, DUI arrests for drivers under 21 also come with additional charges, such as:
- Minor in possession of alcohol
- Possession of a fake ID
- Reckless driving or speeding
- Underage drinking
If you’re facing one or more of these charges, it’s important to act quickly and seek legal guidance. The consequences can add up fast.
What Penalties Could You Face for an Underage DUI in PA?
For first-time underage DUI offenders in Pennsylvania, penalties could be as serious as:
- 1 year license suspension
- Fines ranging from $300 to $5,000
- 72 hours in jail as a mandatory minimum
- Alcohol highway safety school
- Probation and community service
The penalties depend on factors such as how much alcohol is in your system, whether there was an accident, or whether you refused testing. They can even become more serious depending on whether anyone was injured, who else was in your vehicle, and if you’ve had prior offenses.
If you’re a student, the impact can extend beyond the legal system. Colleges and universities often impose their own disciplinary measures, including:
- Loss of scholarships or financial aid
- Suspension from school or housing
- Disciplinary hearings and academic holds
For young people working toward degrees and careers, a DUI at this stage can create major setbacks. Taking the right steps early can make all the difference.
How This Affects Parents and Families
If you're a parent reading this, you're likely feeling overwhelmed, angry, or scared – and that’s completely understandable. A DUI charge doesn’t just impact your child; it affects the entire family. You may be concerned about their future, their safety, and how to help without making the situation worse.
At Muckler Law, we often work directly with parents who want to make sure their child gets a second chance, not a criminal record. We’ll guide you through the legal process, explain your child’s rights, and work to minimize long-term harm.
What You Should NOT Do After an Underage DUI Arrest
If you or your child has been charged with underage DUI, avoiding common mistakes is just as important as knowing your rights. Here are a few things to avoid:
- Don’t talk to the police or school administrators without a lawyer present. Even well-meaning statements can be used against you.
- Don’t ignore the charges or assume they’ll go away because it’s a first offense.
- Don’t skip court appearances or PennDOT hearings – that can lead to automatic license suspensions or warrants.
- Don’t wait to speak with a lawyer. The sooner you act, the more options you’ll have.
Do You Need a Lawyer for an Underage DUI in Luzerne County?
In short – yes.
An underage DUI is a criminal offense, and it can have lasting consequences if not handled properly. Working with a skilled DUI defense attorney gives you the opportunity to:
- Challenge the traffic stop or field sobriety testing
- Review the legality of the arrest and the accuracy of the BAC reading
- Pursue entry into ARD (Accelerated Rehabilitative Disposition) if eligible – a program that can keep your record clean
- Minimize license suspension or negotiate alternative penalties
- Protect your academic and employment future
At Muckler Law, we know how local prosecutors and judges approach these cases, and how to present a strong defense that fits your specific circumstances. Attorney Matthew Muckler’s experience as a former prosecutor gives him insight into how the system works and what strategies can make the most impact.
What Happens at Court for an Underage DUI?
Most underage DUI cases involve multiple court appearances. Here's what typically happens:
- Preliminary hearing: The judge decides if there's enough evidence to move forward.
- Arraignment: You’re formally charged and enter a plea.
- Pre-trial conferences: Your attorney may negotiate with the prosecutor or challenge the evidence.
- Trial or resolution: The case may go to trial or end in a plea deal, ARD, or dismissal.
An experienced attorney will guide you through each step, prepare you for what to say (and what not to say), and work behind the scenes to strengthen your defense.
Will This Stay on My Record?
This is one of the most common questions we hear. And it’s a valid one.
In Pennsylvania, a DUI conviction (even for someone under 21) becomes part of your criminal record and driving record. It can affect everything from background checks to car insurance rates to job applications.
However, some underage DUI cases may be eligible for expungement or sealing of the record under our new Clean Slate initiative after a period of time – especially if you qualify for ARD.
If you're accepted into ARD and successfully complete the program (including any classes, probation, and community service), your charges can often be dismissed and your record expunged. That means:
- The DUI won’t show up on most background checks.
- Your criminal record is cleared.
- You can truthfully say you haven’t been convicted of a crime.
- You will never have to admit your guilt under oath in court.
This option isn’t available to everyone, but it can be life-changing – especially for young people just starting out.
Why Choose Muckler Law
Underage DUI cases require more than just knowledge of the law. They require compassion, strategic thinking, and local experience.
Located in Wilkes-Barre and serving Luzerne County and surrounding areas, Muckler Law is committed to helping young adults and families move forward – not backward – after a criminal charge. We understand the unique pressures that come with being a student, a parent, or someone navigating the justice system for the first time.
Take Action Today – Your Future Is Worth Protecting
If you or someone you care about has been charged with DUI under 21 in Luzerne County or anywhere in northeastern Pennsylvania, now is the time to act.
Let us help you understand your options, fight for your rights, and work toward the best possible outcome.
Contact Muckler Law today for a free, confidential consultation. We're here when you need us – and we’re ready to stand by your side.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. For guidance specific to your situation, contact a licensed attorney.
