Even if a person under the age of 21 has a .01 blood alcohol level, they can and will get charged with driving after consuming underage. They are facing the same consequences as a DWI, a loss of license, possible jail time, and a non-expungable criminal record. Fortunately, there are deferred dismissal programs, conditional discharge, and a prayer for judgment continued which might help lessen the consequences to the person's driving license and their criminal record.