There is a common misconception that underage drivers are given more leniency when violating traffic laws. While the police may be more understanding in instances of a forgotten turn signal, there is little leeway for underage drunk driving. As such, if you are under 21 and facing a DUI charge in Georgia, taking these matters seriously is critical to protecting yourself. The following blog explores what you should know about these charges and why it’s imperative to connect with a Cobb County DUI lawyer to discuss your legal options in these matters.
What Should Drivers Under 21 Know If Charged With a DUI?
Typically, in Georgia, any time a driver has a Blood Alcohol Concentration (BAC) of 0.08% or higher, they are charged with Driving Under the Influence (DUI). This is the legal limit, meaning an officer does not need any additional evidence that the driver is under the influence to charge them with an offense. However, if a driver has a BAC below the legal limit, but the officer determines the amount of alcohol in their system inhibits their ability to safely operate a vehicle, they can be charged with a DUI as well.
However, the law differs dramatically for drivers under the age of 21. As it is illegal for minors to consume alcohol, Georgia, like all states, enacted a Zero Tolerance Policy. This means that anyone under the age of 21 found with a BAC at or over 0.02% will be charged with a DUI.
If you are under 21, the penalties you can face for a DUI conviction are severe. This includes, but is not limited to, up to $1,000 in fines, up to one year in jail, a minimum of twelve months on probation, mandatory community service, and a license suspension between six and twelve months.
Are There Any Potential Defenses I Can Utilize?
Though it can feel like there are no options when facing a DUI charge, one of the most important things you can do during these difficult matters is connect with an experienced attorney. Your lawyer can examine the circumstances of your charges to determine the best course of action.
For example, your lawyer may be able to argue that the officer had no probable cause to conduct the traffic stop that led to your arrest. Without probable cause, this can warrant a violation of the Fifth Amendment of the Constitution, which protects you from unreasonable searches and seizures.
Similarly, your attorney may be able to demonstrate that the officer responsible for charging you administered the breathalyzer test incorrectly or that the device itself was not working properly. As such, you may have been the victim of a false reading. This is also the case if you have certain medical conditions, like diabetes or GERD, which can produce false-positive results.
As you can see, there are several serious consequences you can face if convicted of driving under the influence as someone under 21. That is why working with an experienced attorney is in your best interest during these difficult times. At the Miller Law Practice, our dedicated legal team will explore all avenues to help you fight for the best possible outcome for your circumstances. Contact us today to learn more.