Driving After Consuming Under the Age of 21


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.


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.