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Is driving after consuming under the age of 21 the same as a DWI?

Raleigh, NC |

10 months ago I was pulled over for speeding 89 in a 65 but the officer arrested me cause he spelled school coming off my body and decided to give me a breathalizer I blew a 0.05 of course sense I was only 18 at the time I was held in the county jail for the night. But I recently found my ticket for the drinking and it says nothing about a DWI unless driving after consuming under the age of 21 is a DWI?! I'm confused about what that means and what the factors of these charges could be. its almost been a year sense this happened its my first charge sense I was 16 I'm 19 now but I had one drinking charge when I was 16 that got dismissed, could this be jail time? or probation!? or something else. I can't get my lawyer to answer my messages or calls these days so I'm getting scared about this.

Attorney Answers 4


  1. No, it is not. However, the punishment can be similar. Unless there are facts you have left out, you will not go to jail. Good luck.

    <a href="http://www.amoslawnc.com">Fred Amos</a> provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for <a href="http://www.dwidefenseraleigh.com">DWI's</a>. Call 919-803-7208.


  2. They are different offenses but often with similar consequences. I hate hearing about attorneys who don't respond to their clients. I suggest doing whatever it takes to contact your attorney and addressing all of your concerns with them. Best of luck.

    Jasen Nielsen


  3. Driving-after-consuming is not the same as DWI. If you have any alcohol in your system (even .01), and you get caught driving, you'll get charged with driving after consuming. If your alcohol level is .08 or above, you'll be charged with DWI, no matter your age. So, for example, if you're underage and you blow above a .08, you'll be charged with both crimes.

    Driving after consuming may be less "serious" than DWI, but it may carry similar consequences, and in fact can have worse consequences. If you're convicted of DWI, the judge can give you a limited driving privilege, but if you're convicted of driving after consuming, the judge cannot let you drive for any purpose, and your license will be suspended for a year. It's possible to ask the judge for a PJC to avoid this consequence, but there are a lot of things you'll need to do to prepare (take alcohol classes, etc), and your attorney should make sure you know what you need to do to be ready for court. If your attorney is not communicating with you, you should find another attorney!

    Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website.


  4. Driving after consuming under 21 is NOT the same as a DWI. conviction will however result in your driver license being suspended for 1 year. You would qualify for a limited driving privilege if the speeding charge was dismissed or reduced to the point where it did not cause a suspension itself. Please consult a good criminal lawyer. you need help.

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