Alpharetta Underage DUI Lawyer

An underage DUI case is when the driver of a motor vehicle is under the age of 21 and is operating the vehicle while impaired by drugs or alcohol. DUI cases involving someone under the age of 21 are not handled much differently from a standard DUI case. The penalties are the same, but the tolerance for alcohol levels are lower in underage DUI cases. If are under 21 years old and have been charged with a DUI, contact a seasoned DUI attorney today. A dedicated Alpharetta underage DUI lawyer could fight for you and help you understand your legal options.

DUI Laws Concerning Drivers Under the Age of 21

Georgia is a zero-tolerance state for under 21 drivers with alcohol in their system. Under the law, individuals under 21 years of age cannot legally have a blood alcohol content level above 0.02. This number is chosen because a breathalyzer has a 0.02 margin of error. If an under 21 driver submits to a breath test and the results show 0.03, then that person is considered to be under the influence, even though they may not actually be feeling an impaired effect. This is called a per se limit. And by contrast, for individuals 21 years old and older, the legal limit is 0.08.

If a person is under 21, the driver can be charged with two different types of DUI. One is for being impaired, which is less safe to drive as a result of consuming alcohol. Second is considered a per se charge, meaning the state does not have to show that the person is impaired simply that they had a level of alcohol in their system above 0.02 and they can be charged and convicted of driving with an unlawful alcohol concentration.

What to Expect From the Underage DUI Case Process

What someone under the age of 21 should expect about the process of their DUI case is that if they are going to be charged, they will be arrested, booked into the jail, and have to post a bond. Once they get out of the jail, they are going to need to meet with an attorney who will begin the process of gathering information and evidence, including police reports, background check on the police officer, background check on the breath test machine, and full information requests to the Georgia Bureau of Investigations if there was a blood test. Then an underage DUI lawyer in Alpharetta will go through all the police reports and the videotapes and determine if there is a level of evidence sufficient to prove the case beyond a reasonable doubt.

How Do Prosecutors and Judges Treat Underage DUI Cases

Generally, prosecutors and judges will go to greater lengths to assure that a young person does not have an alcohol or a drug problem. The prosecutor and a judge will likely want to be aware that there is some parental involvement in addressing what led to the arrest. An experienced Alpharetta underage DUI attorney will know the judge and prosecutor’s habits and could assist the defendant by building a defense and looking for treatment programs that could help the individual.

How an Alpharetta Underage DUI Attorney Could Help

Some of the most important reasons to work with an experienced Alpharetta underage DUI lawyer when facing a charge are that an experienced lawyer could assist an under 21 driver by getting them evaluated, involving their parents, and reaching out to the prosecutor in advance to try and negotiate to keep the charge off their record. An attorney will have resources where a person can get evaluated and treated, whether it is inpatient, outpatient, or just otherwise counseling. If you are facing charges, call today to set up your consultation.


Hawkins Spizman

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