Drivers who are under the age of 21 are not allowed to operate motor vehicles if they have alcohol in their systems. This is true whether a person is driving in Oklahoma or anywhere else in the country. In some cases, a minor may be taken into custody even if his or her blood alcohol content is .00%. Officers may have the ability to take a younger driver into custody for DUI if they smell alcohol on the driver’s breath.
Drivers or passengers may also face penalties if their is an open container of alcohol in the vehicles that they are traveling in. An officer may be compelled to take action regardless of how much alcohol is in the container or how long it has been in the vehicle. In the past, drunk driving laws applied equally to all drivers regardless of their age.
A minor who had a blood alcohol content of less than .08% would be charged with being in possession of alcohol while underage. However, lawmakers understood that individuals under the age of 21 were more likely to be involved in fatal crashes if they had been drinking. They reasoned that since it was already illegal for them to possess or consume alcohol, there was no reason for people under 21 to have any alcohol in their system while driving.
Minors who have been charged with DUI may face significant penalties including losing their drivers licenses until they turn 21. Those who are convicted of a DUI may also spend time in jail, pay a fine or be ordered to attend traffic school. An attorney may assert that a Breathalyzer or other test used to determine that a driver was legally impaired was not performed correctly.