A portion of TY101 deals with the issue of Driving Under the Influence (DUI).  There are different rules for those under age 21 and those 21 and older.  However, there is one common ground–it is illegal for anyone to operate a motor vehicle under the influence of drugs and/or alcohol to an extent that they are a less safe driver.  That law applies to everyone of all ages, regardless of the level of intoxication.

      However, there are also DUI laws that are related to the level of intoxication.  If a person is 21 years of age or older and they have a blood alcohol level of .08% or greater, that driver would be guilty of DUI, regardless of their driving competency.  The law for those under 21 provides that the “per se” level of DUI is .02%, again without regard to the manner of driving.  Stated another way, if a driver has a blood alcohol level over the limits set forth above, they can be charged with DUI regardless of how well they drive while so intoxicated.  There are numerous details of DUI law that are more fully addressed during TY101 presentations.

   It is important to understand that DUI laws are not limited to cases where drivers are under the influence of alcohol.  If a driver is under the influence of drugs (even prescription medications) to the extent that they are a less safe driver, that driver can also be charged with DUI.

As a rule, it is illegal for anyone under 21 years of age to possess alcohol.  If someone under age 21 is found to be in possession of alcohol, it is illegal and can be charged as a misdemeanor crime.  Some counties, such as Columbia County, Georgia, also have county ordinances that outlaw such conduct and if possession of alcohol under 21 is illegal under State law and County law, it becomes the initial option of the law enforcement officer to choose which law to proceed under.

MIP can apply to anyone under the age of 21, not people that are traditionally considered “minors.”  “Possession” can consist of possession of the can or bottle of alcohol or can be proven by the presence of alcohol in the system of the minor.  I suppose that it would be a defense if the minor could prove that someone physically restrained them and forced alcohol down their throat but I have not seen such a defense be successful in my 15 years on the bench. 

MIP is a misdemeanor offense (maximum penalty is 12 months in confinement and the fine cannot exceed $1,000) in Georgia.  There is no threshold level of alcohol which is permissible to possess if the person is under 21 years of age.  The usual penalty in the Augusta, Georgia area consists of a fine, community service and some type of probation.  It is common for such offenders to be required to submit to drug screens as a part of the sentence (either one-time or random for the duration of probation).  You may be surprised to know that in my experience, 70% of the teens who are charged with MIP cannot pass a drug screen in Court or will fail a drug screen during a probation period of 6 months.

LOCAL KNOWLEDGE–COLUMBIA COUNTY, GA: In some cases, the Court will allow a first time offender to have the charge dismissed from their record if the defendant successfully completes probation.  But this privilege is reserved to first time offenders who exhibit a good attitude.  A second offense may result in jail time even if the first offense was dismissed without appearing on the defendant’s record.

From time to time, we will post links to web sites that discuss issues that are related to TY101 issues.  Please do not assume that these links are endorsed or supported by TY101.  Such sites may contain facts that are incorrect or support “causes” that we do not support.  Parents are the best filters of information and whether you find such information to be reliable is a decision that YOU must make.