In the state of Rhode Island there is a loophole for drivers under the age of 21 who are arrested for getting behind the wheel while under the influence. While the majority of states across the U.S. hold that the blood alcohol content limit is 0.08% (and in many states minors are place under the zero tolerance policy) in Rhode Island minors are actually given the legal BAC limit of .10% until they are considered criminally liable.

Many lawmakers are confused by this law, wondering what allows a minor the ability to have a higher drinking and driving limit than that of an adult. Not only do adults likely have more experience holding their alcohol, but they also likely have more practice behind the wheel; making them technically less of a danger on the road than a teenager who is driving under the influence around town. Lawmakers in Rhode Island are proposing a bill that will seek to change the legislation in their state that allows for minors to have more alcohol in their blood system when on the road.

Essentially by passing this legislation, law enforcing hopes to make their streets and highways a safer place for other drivers and passengers during their commute. Attorney general peter Kilmartin claims that they are seeking many new ways to reform DUI laws in their state, and this specific law is one of that can be used to greatly improve the safety of the communities. Senators on behalf of the bill claim that it just makes sense to have a minor who is under the influence of alcohol to be held at least to the same standard as an adult who is arrested for a DUI. There should be no age restriction on this legislation, but rather a law that is across the board for all persons and drivers.

What many may wonder is how has this law not been addressed before? Reports share that there was one specific case that brought he legal incontinency to light in the courtroom. The son of Senator Sheldon Whitehouse was arrested in the past for driving under the influence of alcohol in Middletown. His driver's license age showed that he was under the legal drinking age, and at the time of his arrest his BAC level was .091, just a hair short of the .10 limit for those who are minors. As he was under the legal limit, he was able to avoid criminal charges and instead pleaded guilty to driving while impaired; which is very different especially when looking at the legal consequences.

Due to his crime being deemed as not severe, or criminal charge worthy, his penalties required only that his license was suspended for a total of 30 days. However, when an adult is arrested and convicted of a DUI for that same .91% BAC level, they would have been required to have their license kept from them for 90 days. Many DUI attorneys would agree that the inconsistency of the law is confusing to those who are arrested for driving under the influence, and it is unfair for those adults who are found guilty when they actually consumed less alcohol than that of the minor.

According to a DUI expert, every year the state is buckling down on DUI laws and penalties in order to seek and reform peoples thinking before they get behind the wheel of a car while intoxicated. However, if you or someone you know has been arrested for driving under the influence, whether ran adult or minor, you still desire the chance to have your rights fought for and protected. Contact a DUI defense attorney in your area today for the representation that you deserve!