The law considers driving an adult activity requiring adult responsibilities. Accordingly, juvenile court jurisdiction is automatically waived for driving offenses, and they are therefore charged, tried, and sentenced in adult court just as any other adult.

If you are under 21, however, you face criminal liability even if there is no breath test, or if the reading of a breath test is a mere .02. The criminal liability for such a low reading is not for D.U.I., but rather for another offense called Minor Driving After Having Consumed Alcohol.

MIP vs. Minor Drinking/Driving vs. DUI

The most common alcohol-related offenses for persons under 21 years of age are:

• M.I.P. (a minor in possession of alcohol or who has consumed alcohol)
• Minor Driving After Having Consumed Alcohol: In-between M.I.P. and D.U.I. is an offense few have even heard of until the officer handed them a ticket for it. It is essentially an M.I.P. behind-the-wheel or a minor drinking & driving.
• D.U.I. (driving under the influence)

In an M.I.P. case, the government has to prove only that you are under 21 years of age and that you possessed alcohol (ownership is not relevant, and neither is intoxication). In an "M.I.P. behind-the-wheel" case, the government has to prove an M.I.P. while you are driving (ownership is not relevant, and neither is intoxication)..It is merely the presence of alcohol in your system that makes it illegal. It makes no difference if if you were drunk, or if you were just slightly affected, or if you were sober as a church mouse.

There are many other significant differences between the penalties for Minor Driving After Having Consumed Alcohol and D.U.I.

• D.U.I. involves mandatory jail. Jail for an M.I.P. behind-the-wheel offense is discretionary.
• Probation is less, usually 2 years rather than 5 and therefore probation costs are less.
• D.U.I. typically involves a breath test reading .08 or higher. M.I.P. behind-the-wheel is .02
• D.U.I. involves 2 driver's license suspensions. M.I.P. behind-the-wheel involves a single suspension.
• D.U.I. involves a lifetime record. M.I.P. behind-the-wheel does not.
• D.U.I. requires an ignition lock. The judge has discretion in that regard in an M.I.P. behind-the-wheel.
• D.U.I. requires alcoholism evaluation and classes. In an M.I.P. behind-the-wheel case it is up to the judge,
• D.U.I. requires a Victim Impact Panel. In an M.I.P. behind-the-wheel case it is up to the judge.
• The total out-of-pocket monetary assessments are generally lower in an M.I.P. behind-the-wheel case.

Although not as serious as D.U.I., a Minor Driving After Having Consumed Alcohol charge is still a criminal charge involving the abuse of alcohol while driving a car. It is therefore often viewed as an act of irresponsibility by persons looking at records. It should not be taken lightly.