Prosecutors are known for their aggressive pursuit of convictions in DUI cases, and that is especially true when the accused is under the age of 21. Young drivers have a much lower legal threshold for alcohol in their system, increasing the likelihood that charges are filed.
An arrest for this charge can be a traumatic experience for the driver and their parents. The good news is that a skilled DUI defense attorney may be able to help. Instead of accepting a plea right away, you could benefit from discussing your options with a Junction City underage DUI lawyer.
While it is unlawful for anyone to drive under the influence of alcohol, adults are allowed to operate a vehicle if their blood alcohol concentration (BAC) is below .08 percent. This is not the case for drivers under 21, who face unique charges when they are operating a vehicle with a BAC between .02 and .08.
For drivers 21 or over, this is an infraction instead of a standard criminal offense, so the penalties associated with a conviction cannot include jail time. If a driver below the age of 21 had a BAC in this range, they would lose their license for 30 days, followed by restricted driving privileges for another 330.
When a DUI driver is under 21, they face additional restrictions related to their blood alcohol concentration. However, this does not mean they are immune from prosecution for the same DUI charges that adults face.
If an underage driver has a BAC of .08 or greater, they can be charged with DUI like anyone else. For individuals aged 18 to 20, this can lead to up to a year in jail and a fine between $500 and $1,000 in addition to the driver’s license suspension described previously.
A Junction City underage DUI attorney can rely on several different strategies to challenge the state’s evidence in these cases. The best option is often to argue that the underlying police stop was illegal. If the officers pulled over an underage driver without a valid reason to do so, any evidence they collected at the time of the stop could be excluded at trial.
Challenging the results of breath, blood, or urine tests is also possible. The prosecution uses these results to prove that a driver’s BAC was over the legal limit, but they can be excluded if the police fail to test, collect, or store them according to state regulations.
If you have been arrested under suspicion of DUI and are under 21, a criminal conviction can wreak havoc on your future. Let a skilled attorney take the lead on your case to give yourself the best chance of avoiding a conviction. Call a Junction City underage DUI lawyer today to learn more.