If your child is facing a juvenile DWI charge, you need to act quickly. Getting an attorney in your child’s corner from the beginning can help protect their record and get the charges dropped or reduced.
Juvenile DWI is a serious charge that can have long-lasting effects on your child’s life. That’s why you should contact an experienced DUI lawyer.
If your child has been arrested for a DUI, the first thing to do is to seek legal counsel. A great Dallas or Fort Worth DWI attorney can shield your child’s record and possibly protect their license.
The good news is that if your son or daughter is under 17 when they are arrested, their case will be handled in juvenile court. That’s good in one sense and bad in another because they will not have the right to jury trial in criminal court.
It’s also important to note that underage drivers are sometimes more likely to be charged with a zero tolerance offense than adults because of the law’s interest in shielding the youth from harsh consequences. This interest, paired with the lack of criminal convictions, can lead judges to be more lenient when deciding on sentencing options. In this situation, a DWI lawyer can often negotiate with the prosecutor to reduce the charge to a zero tolerance violation that does not result in a criminal record.
Blood alcohol content
When a person is under the age of 21, they are not supposed to drink alcohol at all, regardless of whether they are driving. This is why in many states, the legal blood alcohol content is 0.02% or less.
It’s also why Minnesota has a law called the “Not-a-Drop” law, which prohibits minors from driving with any amount of alcohol in their system.
If a minor has any amount of alcohol in their body at all, they will be arrested for a DWI. The penalties for a first time DWI for underage drivers include a fine, jail time, license suspension, and chemical dependency treatment.
A Maryland juvenile DUI lawyer can help to mitigate the potential penalties that a minor may face. An experienced DUI attorney will discuss the facts of the case with the defendant and work to find a way to reduce or eliminate the charges. This is usually done through a motion to suppress.
A person who is convicted of operating under the influence (DUI) of alcohol within 10 years of being arrested for a second-degree manslaughter with a motor vehicle or second-degree assault with a motor vehicle is considered a persistent offender. This is a serious offense with a prison term ranging from 10 to 20 years.
The law also requires DMV to revoke the license of all third- and subsequent-time DUI offenders. During the period of suspension, the offender may apply to the commissioner to have their license restored, provided that they meet certain requirements (including completing an alcohol or drug education program) and drive only vehicles equipped with interlocks.
This analysis enhanced and expanded the previous recidivism analysis from 1995 by including more States, using weighted means to account for the number of drivers in each State, collecting information in three categories (arrests, convictions and license suspensions), and analyzing DWI recidivism prevalence by look-back period. This analysis suggests that DWI recidivism prevalence has decreased since 1995 by 19% for arrests and 6% for convictions.
When a child commits an act that would be considered a crime had they been adults, the court refers them to juvenile court. This is done because the proceedings in juvenile courts are designed to rehabilitate rather than punish.
The State can prove that the defendant committed delinquent conduct by either filing a petition in juvenile court or by proving it at an adjudicatory hearing. The judge determines whether the allegations of delinquent conduct are true, if not, then they can dismiss the case.
In the process of evaluating the allegations, the court may ask for additional evidence. The court can also appoint a juvenile court counselor for an assessment.
If the court finds that the allegations of delinquent conduct are proven, the juvenile will be adjudged to be delinquent. This is different from a criminal conviction, as the delinquency will not be disclosed to the public. Moreover, the juvenile does not lose their citizenship rights after an adjudication of delinquency.