Underage DUI Attorney in Northwest Arkansas

An underage DUI charge in Arkansas can have serious and lasting consequences, even for a first offense. Drivers under the age of 21 are held to stricter legal standards, and a single mistake can result in license suspension, fines, mandatory education programs, and a record that follows them into adulthood.

The Law Group of Northwest Arkansas attorneys represent teens, college students, and young adults charged with underage DUI offenses throughout Fayetteville, Bentonville, Centerton, Rogers, Springdale, and surrounding communities.

Call (479) 316-3760 or contact us online to schedule a confidential consultation with an experienced DUI defense attorney.

Charged With an Underage DUI in Arkansas? You Still Have Options.

Being arrested for an underage DUI is overwhelming for both the driver and their family. You may be concerned about losing your license, facing school consequences, incurring increased insurance costs, or how this charge could impact college admissions, scholarships, or employment opportunities.

Although underage DUI charges are serious, they are not automatically hopeless. Early legal representation is critical. The sooner an experienced DUI attorney becomes involved, the more opportunities there may be to challenge the stop, suppress evidence, or minimize long-term consequences.

Arkansas Underage DUI Laws Explained

Arkansas enforces a zero-tolerance approach for drivers under the age of 21. Under Arkansas Code § 5-65-303, a driver under 21 may be charged with an underage DUI if they operate or are in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicants, or if they have a blood alcohol concentration between 0.02 percent and 0.08 percent.

This means a driver does not need to be legally intoxicated by the adult standard to be arrested. Even one drink or prescription medication can result in an underage DUI charge.

Lower BAC Threshold for Drivers Under 21

Unlike drivers 21 and older, underage drivers can be arrested with a BAC as low as 0.02 percent. This low threshold often catches young drivers off guard and results in arrests after minimal alcohol consumption.

Actual Physical Control Applies to Underage Drivers

An underage DUI charge does not require active driving. A young person may be charged if they are found in actual physical control of a vehicle, such as sitting in the driver’s seat with keys accessible, even if the vehicle is not moving.

Alcohol and Drug Impairment

Underage DUI charges may also be based on impairment from drugs or a combination of alcohol and drugs. Prescription medications and other substances can play a role in these cases.

Penalties for Underage DUI in Arkansas

Underage DUI penalties may seem less severe than adult DUI penalties, but they can still significantly disrupt a young person’s life. A conviction may result in:

• Driver’s license suspension
• Fines and court costs
• Mandatory community service
• Required alcohol education or treatment programs
• Increased insurance premiums or policy cancellation

Penalties increase for subsequent underage DUI offenses and may overlap with adult DUI consequences as the driver ages.

Will an Underage DUI Affect My Driver’s License?

Yes. Underage DUI charges almost always carry separate administrative penalties imposed by the Arkansas Office of Driver Services (ODS). In many cases, a driver’s license suspension begins soon after the arrest, even before the criminal case is resolved, because Arkansas treats underage impaired driving as a significant public-safety concern.

The length and severity of a suspension depend on several factors, including:

• BAC level: Higher readings often lead to longer suspensions and stricter reinstatement requirements.
• Whether the driver refused chemical testing: A refusal can trigger an immediate suspension and additional penalties under Arkansas’s implied consent laws.
• Prior underage or adult DUI offenses: A history of prior DUI offenses increases the likelihood of an extended suspension or revocation.
• Court-imposed conditions: Judges may order additional restrictions such as ignition interlock devices, probationary licenses, or mandatory treatment.

An experienced DUI attorney can step in quickly to request an ODS hearing, challenge the proposed suspension, and evaluate eligibility for restricted driving privileges—helping young drivers maintain access to school, work, and essential activities whenever possible.

School, College, and Employment Consequences

An underage DUI can affect more than just your legal standing—it can have lasting impacts on education and career opportunities. Some of the potential consequences include:

• College and university repercussions: Arrests or convictions may affect enrollment, housing eligibility, or disciplinary records.
• Scholarship risks: Many scholarship programs may revoke awards or require repayment if a student is convicted of an alcohol-related offense.
• Employment and internships: Employers and internship programs often review criminal and driving records, and a DUI can create barriers to hiring, promotions, or professional licensing.
• Volunteer or extracurricular limitations: Certain volunteer positions or leadership opportunities may be unavailable to individuals with a DUI on their record.

Protecting a young person’s record through skilled legal defense and pursuing record sealing when possible can be just as critical as avoiding fines, license suspension, or court-ordered programs.

Defending Against Underage DUI Charges

Underage DUI cases are often defensible. Law enforcement officials must still adhere to proper procedures, and evidence must meet established legal standards. An experienced attorney can identify weaknesses in the prosecution’s case and pursue strategies to defend against DUI charges.

Possible defense strategies may include:

• Challenging the legality of the traffic stop or checkpoint
• Questioning the accuracy and administration of breath or blood tests
• Examining whether testing equipment was properly calibrated
• Contesting claims of actual physical control
• Identifying violations of juvenile or constitutional rights

At The Law Group of Northwest Arkansas, we prepare underage DUI cases with the same level of care and attention as adult DWI cases. We focus on protecting the client’s future, not just resolving the immediate charge.

Common Questions About Underage DUI Charges in Arkansas

Can I get an underage DUI with just one drink?

Yes. Because Arkansas enforces a 0.02% BAC limit for drivers under 21, even a single drink can push a young driver over the legal threshold. Officers can also rely on signs of impairment, meaning you can be charged even if you feel “fine” to drive.

Will an underage DUI stay on my record?

An underage DUI can appear on both your criminal record and driving history, affecting future DUI enhancements, insurance rates, school applications, and job opportunities. Depending on the circumstances, expungement or record sealing may be available later, but it is not guaranteed. 

Is an underage DUI treated differently from an adult DUI?

Yes. While the BAC standard is lower and some penalties differ, an underage DUI is still a criminal offense that can lead to fines, license suspension, and mandatory alcohol education. Courts take these cases seriously because they involve young drivers, so having an experienced defense attorney is essential. 

Protect Your Child’s Future With an Experienced DUI Attorney in Northwest Arkansas

Underage DUI charges can affect a young person’s education, career, and future opportunities. Courts expect accountability, but that does not mean families should navigate this process alone. Early legal representation can make a meaningful difference in the outcome.

The Law Group of Northwest Arkansas provides experienced, strategic defense for underage DUI cases across Fayetteville, Bentonville, Centerton, Rogers, Springdale, and surrounding areas. We understand how local courts handle these cases and tailor every defense to the individual client.