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Law Offices Of Wiley Nickel, PLLC


Driving After Consuming Under the Age of 21

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N.C.G.S. § 20-138.3 makes it unlawful for a person less than 21 years of age to operate a motor vehicle after, or while, consuming any alcohol or another controlled substance. Driving After Consuming Under 21, also called a “baby DWI” or “provisional DWI,” is a serious charge that can result in significant criminal and DMV consequences.

It is important to note that driving while your blood alcohol concentration (BAC) is at or above the legal limit of .08, or if the officer finds other evidence of impairment, will likely result in an additional Driving While Impaired charge (DWI). A conviction of Driving After Consuming Under 21 is a Class 2 misdemeanor, potentially resulting in a fine, probation, and/or jail time. Furthermore, a conviction of Driving After Consuming Under 21 results in a mandatory one-year driver’s license suspension.

Drivers who were at least 18 years of age at the time of the offense, and meet other requirements, may be eligible for a limited driving privilege. Additionally, some judges may offer an opportunity to “earn” a prayer for judgement continued (PJC) following a conviction of Driving After Consuming Under 21. To “earn” the PJC most judges will require completion of community service hours and/or substance abuse treatment. If a PJC is granted, then the judge will not impose any fine, probation, or jail time, and no license suspension will result from the conviction. 

Our experienced attorneys will be able to assist you in potentially obtaining a PJC and avoiding the harsh consequences that accompany a conviction of Driving After Consuming Under 21. If you are interested in talking to an attorney about your case call the Law Offices of Wiley Nickel at 1-(919)585-1486 for a free consultation. You can also email attorney Kristi Haddock or Wiley Nickel directly at kristi@wileynickel.com or wiley@wileynickel.com, respectively.

Kristi Haddock