What Does a BAC of 0.02 Mean for Under-21 Drivers? 
The legal blood alcohol concentration (BAC) limit for adults in Charleston is 0.08, but the rules are much stricter for those under the legal drinking age. For anyone under 21, even a BAC as low as 0.02 can lead to DUI charges. This is important to understand because even if you don’t feel impaired or intoxicated, your BAC level can still put you at risk of a DUI charge. A BAC of 0.02 is the threshold for underage drivers, and law enforcement can legally arrest you for DUI with any measurable alcohol in your system above this point. Unlike adults, who are typically given the benefit of the doubt when their BAC is below 0.08, underage drivers have no such leeway. This means that after drinking even a small amount of alcohol, such as a single beer or a mixed drink, you could be charged with DUI. The law does not consider how “sober” you feel—it only cares about whether you’re above the 0.02 BAC limit. The Consequences of a 0.02 BAC DUI Charge
Being arrested for a DUI with a 0.02 BAC as a driver under 21 comes with serious consequences. Although the penalties may seem less severe than those for higher BAC levels, they can still significantly impact your future. First, underage DUI charges in Charleston can lead to the suspension of your driver’s license. The length of the suspension will vary based on factors such as prior offenses and whether you refuse to take a breathalyzer test. In some cases, this suspension can last for several months, making it difficult to drive and commute for school or work. In addition to the suspension, fines may also be imposed as part of the punishment. These fines can add up quickly, and depending on your circumstances, you might also be required to attend alcohol education programs. These programs are designed to educate underage drivers about the dangers of drinking and driving and can be both time-consuming and costly. Moreover, being charged with DUI at a young age can have long-lasting effects. Even if it’s your first offense, a DUI conviction will appear on your criminal record, which could affect future employment opportunities, college admissions, and your ability to rent an apartment. These secondary consequences can have a significant impact on your life, making it essential to take the charge seriously.
Harley Wagner
Defending West Virginia Residents for over 24 Years
The Court Process and What to Expect
Once arrested, the next step is the court process. If you’re facing a DUI charge in Charleston, understanding the typical court timeline can help you prepare for what lies ahead. Here’s a general breakdown of the steps you can expect.Initial Arrest and Booking
When you’re arrested for a DUI with a 0.02 BAC, the first step is booking. During this phase, the police will record your personal details, take your fingerprints, and collect evidence, including your BAC test results. You may be given the option to post bail before your court appearance, depending on the circumstances. In the case of an underage DUI charge, it’s common for individuals to be released with a promise to appear in court at a later date. If you were involved in an accident or have any additional charges (such as reckless driving), the court may take a stricter stance, and you may be required to remain in custody until your hearing.Preliminary Hearing
The preliminary hearing is your first appearance in court. This is where the judge will review the evidence against you and decide if there is enough to proceed with the case. In most cases, if you have been arrested for a 0.02 BAC DUI, there will be enough evidence for the case to move forward. At this stage, the judge will inform you of your rights and the charges against you. You’ll be given the opportunity to enter a plea, although it’s common for individuals facing DUI charges to enter a “not guilty” plea initially. This opens up the possibility of negotiating a plea deal or preparing for trial.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Plea Deals or Trial
Depending on the circumstances, you may be offered a plea deal by the prosecution. A plea deal allows you to plead guilty to a lesser charge in exchange for a more lenient sentence. For instance, you might plead guilty to a charge of underage drinking instead of DUI, which could result in fewer penalties. However, you should always discuss plea deals with your attorney to ensure that it’s the best course of action for your situation. If you choose not to accept a plea deal or if the prosecution doesn’t offer one, the case will proceed to trial. During the trial, both the prosecution and defense will present evidence, and a judge or jury will determine your guilt or innocence. DUI cases can be complex, and many factors, such as the accuracy of the BAC test or whether the arresting officer followed proper procedure, can influence the outcome.Sentencing
If you are convicted of DUI, the judge will determine your sentence. In the case of a 0.02 BAC charge, the penalties might not include jail time, but that doesn’t mean you won’t face other significant consequences. The judge may impose fines, require community service, or mandate participation in alcohol education classes. Additionally, the suspension of your driver’s license could be extended if the judge deems it necessary. The specific sentence you receive will depend on several factors, including whether it is your first offense, whether you complied with the breathalyzer test, and whether you have a history of previous DUI charges.Related Videos
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