Brian Sloan: Technically, they can. For many people, their license is so important to them that they would prefer to handle a charge of driving under the age of 21 with alcohol in the body as a DUI, as if they are someone who is above the age of 21. Sometimes as a defense attorney we can negotiate that option. Although it does come with required jail time, fines and fees, and counseling, many would prefer to lose their license only for 90 days rather than two years.