Can a Minor Exist Charged with a DUI?

May 11, 2019 by JACK MKHITARIAN

Yous might presume that if you're a small, you cannot be charged with a DUI – just you'd exist incorrect. In fact, minors (anyone under the age of 21 years) with a BAC of 0.02 percent or more volition be arrested and charged with a DUI.

Teen drinking is a serious concern for all parents and lawmakers alike. That is why the BAC limit is lowered for underage drinkers, and those who are minors can yet be arrested and serve a sentence (whether in juvenile detention or a handling heart) for drinking and driving.

Teens Drink and Drive – Sometimes More than Than Adults

New Mexico has the standard 0.08 percent BAC rule for adults. But if yous are nether the historic period of 21, yous cannot drive with anything over 0.02 pct.

Drivers betwixt the ages of xviii and 21 confront showtime-time DUI charges, simply it is different for those under the age of 18. Technically, if you are under the historic period of 18, y'all are legally a small. Therefore, adult punishments do not always utilise.

Jail time is non always required for those under xviii, fifty-fifty if convicted of a DUI. However, if yous are between the ages of eighteen and 21, you can serve time in jail for your DUI conviction.

Teens are likely to drink and drive just because they exhibit less circumspection when it comes to obeying laws and rules. However, if y'all are under 18, even if y'all are non facing a prison judgement, you should know that you have long-term consequences for drinking while underage and driving – some of which can affect you even as an adult.

Zero Tolerance Policies for Underage DUIs

Virtually states, including New United mexican states, have a zero-tolerance policy for drivers under the age of 18 that drink and drive. If yous test positive for 0.02 pct or higher, you volition be arrested, charged, and convicted of a DUI. All the same, if you are under eighteen, you lot volition be tried every bit a juvenile unless special circumstances apply.

The court near likely will result a diversion program. This means you can plead out to a charge that is not a DUI, or sometimes you can have the charges dismissed entirely if it is your commencement law-breaking and no accidents or injuries occurred every bit a result of your DUI.

Notwithstanding, the judge may yet effect time in a juvenile detention center, several hours of customs service, and you may owe criminal penalties like fines.

A DUI Can Notwithstanding Result in a Driver's License Suspension

When you are underage and arrested for a DUI, you face up the same risks every bit a person over 21 when it comes to their driver's license. Y'all most likely will encounter a driver'southward license break, and even when you go your license back, the juvenile court judge may require that you install an Ignition Interlock Device (IID) in order to get your driver's license back.

You Might Be Tried every bit an Adult

The court has besides assigned adult penalties to juvenile offenders. While yous assume that a DUI is zippo more a misdemeanor (thus, nothing to worry well-nigh), the judge may feel you deserve to be tried as an developed. This is especially true if you are close to the historic period of xviii or other circumstances apply, such as:

  • Extensive Belongings Impairment Occurred – If you drove recklessly and caused belongings damage to other vehicles, buildings, or even regime holding, you may be ordered to pay restitution to the party who lost those items. Too, the approximate may charge you with adult criminal charges, such every bit reckless endangerment.
  • Injuries or Death Occurred  – If you were drinking and driving as a teen, but y'all also caused a catastrophic blow that led to serious injuries or a fatality, yous could be charged with aggravated DUI and vehicular manslaughter. The courtroom does not tolerate teens injuring or taking lives, and they may choose to try y'all as an adult to prove such.
  • Your BAC Was Incredibly High – You tin can be arrested with anything over 0.02 percent. But if your BAC is even college, such as over 0.08 percentage or at the aggravated DWI range of 0.sixteen percent, the court might decide that juvenile court punishments are non enough.

Rehabilitation Is Well-nigh Likely

Instead of jail time, you may serve a few days in a juvenile detention center. Nonetheless, information technology is most likely that you will be assigned rehabilitation instead. If you accept a history of drinking or drug abuse, the courtroom might order rehabilitation in an inpatient or outpatient clinic to hopefully resolve your addictions and so that you exercise not commit another DUI in your teens or adult years.

The Long-Term Consequences

Every bit a teen, you may retrieve there are no consequences, or you lot might presume that your juvenile criminal record is sealed anyhow – and so where is the risk? If the court chooses to attempt you lot as an developed, you lot could have a permanent criminal record follow y'all around before you even are a legal developed. Besides, losing your commuter's license may affect your ability to participate in sports in schoolhouse, become to and from any task you might have, and bear on you lot from getting a job.

If you are planning to intern over the summer or you want to take on a summertime job for actress money, having no driver'southward license will make that difficult every bit well.

Hire an Attorney with Experience Treatment Juvenile DUI Cases

If your juvenile has been arrested for a DUI, do not wait to contact an chaser. The faster you have legal representation, the better the outcome might be. An attorney can work for a solution with the prosecution that may eliminate detention time and perchance include a lower charge then that your child starts their adult life without a criminal record.

To get started, contact the defense team at New Mexico Criminal Law Offices for a free case evaluation. Schedule your date at present by calling united states or requesting more information online.