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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
