Q: Why was my son given a harsher penalty for Minor DUI than usual?
My son blew a 0.04, his license was suspended for 30 days, the state gave him 180 day restriction with an interlock. I was under the assumption that with a minor the interlock should only be given with a BAC of 0.08 or higher. Do I have the right to appeal this?
A:
If your son received a harsher penalty for a Minor DUI (Driving Under the Influence) than what you expected, it's important to understand that DUI laws and penalties can vary by jurisdiction. In Kansas, as in many states, the penalties for underage DUI are often different than for individuals of legal drinking age.
While the legal limit for blood alcohol concentration (BAC) is typically 0.08 for adults, it can be lower for individuals under the legal drinking age. In many states, including Kansas, there are "Zero Tolerance" laws for underage drinking and driving, which means that any detectable amount of alcohol in the system of a driver under 21 can result in penalties.
Given your son's reported BAC of 0.04, it's possible that he fell under the scope of Zero Tolerance laws for minors, leading to the suspension of his license and the requirement for an ignition interlock device. It's advisable to review the specific laws and regulations in Kansas about Minor DUIs to understand the basis for the penalties imposed.
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