It is unlawful for a person under the age of 21 years who has a BAC (Blood Alcohol Concentration) of 0.05% or more (a lower standard than the BAC of 0.08% for persons over the age of 21) to drive a vehicle. Violators may be charged with Underage DUI With a BAC of .05.
What does the prosecutor have to prove?
1. Defendant drove a motor vehicle.
2. Defendant was under the age of 21 years.
3. Defendant had 0.05 percent or more of alcohol in his or her blood.