Underage drinking and driving is when someone under the age of 21 is arrested for driving with any amount of alcohol in their body. There does have to be physical evidence of the alcohol present in their body. For example, say an officer pulls over someone under 21 and asks if they have been drinking. The person says that they had something to drink 10 hours ago. The officer has the person submit to a breath test and the result does not show any alcohol. In this situation, the person could not be charged with underage drinking and driving.However, if the breath test shows any trace of alcohol, such as a blood alcohol concentration of .01, that person would be charged with underage drinking and driving. Additionally, if the person's BAC is .08 or higher, they will be charged with a DWI/DUI as well. There are various penalties for underage drinking and driving. On the criminal side, it is a misdemeanor, which is punishable by up to 90 days in jail and a fine of $1,000. If you are convicted, your license will also be revoked for a minimum of 30 days, and up to 180 days if it is your second or subsequent offense. If you find yourself or your child charged with underage drinking and driving, call the experienced attorneys at Gerald Miller, P.A. today to set up your free consultation.