Can I get a dui if I am 17 years old and if so can I get it removed?

Asked over 2 years ago - Bozeman, MT

Last night I was in a car accident while under the influence I am 17 years of age and have never had any other offence of any sort up until this point. Is it possible for me to not be charged with a dui because I am a minor?

Attorney answers (4)

  1. Martin W. Judnich


    Contributor Level 15

    Answered . Because you are a minor, they can charge you with what we in the profession call a "baby DUI". It is driving with a BAC of .04 or more while under 21. It does not count the same as a full DUI. Being in a car accident does not help out the chances of getting that though.

    licensed attorney in Montana. Your specific state laws may be different.
  2. Timothy K. Wenz

    Contributor Level 4

    Answered . You can be charged with DUI at any age. However, depending on what your blood alcohol level was you could be charged with what is known as a "baby DUI" or driving over a .04 while under the age of 21. It should not effect you after you turn 21 however. Either way, I suggest contacting a criminal defense attorney near you.

  3. Linda Medeiros Callahan


    Contributor Level 16

    Answered . I need more information to help you, such as, did you take a breath or blood test? If so, what was the result? Was anyone injured in the accident? Were you arrested? Is there a witness who can testify you were the driver? Did you admit being the driver to a police officer?

    You can be charged with a DUI at any age.

    Getting it "removed" is not an easy thing to do. You will need a good DUI lawyer.

    This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it... more
  4. James C Forslund

    Contributor Level 19

    Answered . DUI law apply to all drivers, minor or adult. You should retain a DUI attorney.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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