In the state of Michigan, there is not a specific type of code for people who are under the age of 18 because anyone over the age of 16 is considered an adult for drunk driving charges. With that said, there is no real difference in the charge between somebody who is 17 and somebody who is 20. However, there can be a large difference as to how those people are treated, depending on which court they are in. An underage DUI lawyer can be your advocate and guide through this trying time and can attempt to put you in front of the right court at the right time.
The BAC is body alcohol content, for a minor under the age of 21 in Michigan, anything in their system is technically illegal, however, due to technological limitations, any BAC above 0.02 is prohibited by law. Anything below a 0.02 is generally considered a false positive by the breathalyzer and can act as a provision that minors are allowed to consume a minor level of alcohol in a religious ceremony.
Somebody under the age of 18 does need to be aware that they are going to be treated every bit like an adult. One of the problems with defendants under 18, though, is that because they are a minor, they are absolutely going to need a parent or legal guardian present. Presence of a guardian is strongly recommend to anybody under the age of 21, but anyone under the age of 18 must have a parent there, and the parent should be well informed about the situation.
There have been several instances where judges actually require defendants to bring their parents in if they have tried to show up without them, or at least require that the parent write a letter indicating that they are aware of the charges.
There are also special considerations when the charges are being faced by someone so young, because the potential impact on the rest of their lives can be more substantial if a kid gets off-track early and is not able to get back on-track.
It is very important that an underage DUI lawyer really hammer home the impacts that could manifest and then make sure that the defendant is planning appropriately for those and that they are taking every measure to make sure that any issues are potentially treated. Defense attorneys will stress to the judge, and to the prosecutor, the impact that these charges could have with the goal of averting any kind of potentially catastrophic consequences.
Treatment of an underage DUI case really depends on the individual prosecutor and judge. For the most part, anybody who is that young and receives one of these charges is generally treated pretty harshly with the idea that although they cannot be given jail time, they can be given a rigorous set of other conditions as part of probation. Because like the old adage says, “You cannot teach an old dog new tricks,” most judges believe that their greatest ability is to teach these young dogs the right lessons to go on and lead successful lives. They really want to make sure that these young people who are in this position make changes immediately so they do not fall victim to the system and become unsuccessful adults.
It is extremely important to hire an experienced Michigan Underage DUI lawyer not only because the parents and the child are going to want some kind of representation that they feel comfortable with but also because it is a very scary process. It is an unknown process for most people and most people need some kind of common force to answer their questions, give them information, and to be on their side.
It is also important to try and fight these cases out and protect the records of the minors as much as possible. These are life-changing events to many people and we want to make sure that, at the early stages, an attorney can come in and make sure that things are handled appropriately and hopefully with a great resolution.
Many negative outcomes can be avoided with the assistance of an experienced attorney.
A lawyer can help not only with the process itself but with the kind of outcome the defendant can reach. It is important to know that the law will present certain issues that may make it difficult to reach a positive outcome, however, with the assistance of our experienced attorneys we can offer a far better chance for a successful outcome.
One of the goals of our firm is to try and win back people’s lives. This is an all-encompassing goal of trying to help people out, not just with the trial and court process itself but also with the anxiety that can come with it. We want our DUI in minors under 18 attorneys to make sure that people are helped through that process as much as humanly possible.