Even more than legal adults, anyone under the age of 21 should definitely want to avoid having a permanent mark in the form of a DUI conviction. If you are already facing such a charge, your priority should be securing representation from somebody who has dealt with underage drunk driving cases before.
A Troy underage DUI lawyer could work to ensure you are in the best position to succeed going forward. Once retained, your DUI attorney could explain every step of the legal process and advise you on how to avoid potential mistakes.
DUI Laws Applicable to Drivers Under 21Like most states do, Michigan has a “zero-tolerance” policy for underage drinking and driving. If somebody is under the age of 21, they can be arrested and charged with DUI if they have a blood alcohol concentration of 0.02 percent or higher. Even underage drivers are permitted up to 0.02 BAC to account for a testing machine’s margin of error, and alcohol consumed in small quantities for religious ceremonies.
Nevertheless, whenever a minor is pulled over on suspicion of drunk driving, they are going to be treated just like an adult would be. Like an adult, they also retain the right to remain silent until they have legal counsel.
That being said, if a law enforcement officer smells alcohol on or near someone who is clearly underage, they are likely to suspect right away that they are illegally consuming alcohol, which could add minor in possession charges to a case. There is also an understanding that while a minor could be charged under the usual zero-tolerance law, they could also just as easily be charged with a regular DWI or other charges that could apply to an adult in the same circumstances.
Above all else, minors facing DUI charges have to understand that. If they do not take that possibility seriously and make sure that they are doing their best to protect their rights, they could end up with a far worse result, and one that could follow them the rest of their lives.
Other Factors Used to Determine Impairment in an Underage DriverThe number one thing that most police officers rely on is an easy, straightforward answer. In other words, when officers pull someone over on suspicion of DUI, the first thing they tend to do is simply ask the person if they have been consuming alcohol.
While it is understandable to want to be honest with police officers, and while there are times where a break is given for honesty, there are just as many times where someone will have essentially given the police officer all the information, they need by simply admitting to the crime. It is best to remain completely silent when being questioned by the police.
Outside of that, they are also going to proceed with a standard operating while intoxicated investigation. They would make note of any potential driving infractions or issues that could indicate impairment or intoxication, as well as things like disheveled clothing, slow movements, slurred speech, bloodshot or glassy eyes, an odor of intoxicants, and especially the presence of actual alcohol in the vehicle.
Once the officer makes a determination that there may be alcohol involved, they may ask an underage individual to get out of their car for field sobriety testing just like any other adult. However, even if a minor’s BAC is below the .08 legal limit, they can still be arrested, whereas an adult might be allowed to leave or find a ride.
Discuss Legal Options With a Troy Underage DUI AttorneyAny drunk driving arrest is a problem in and of itself, but oftentimes it can just be the beginning of a long road of legal troubles unless the underlying issues of substance abuse or potentially some other kind of mental health issue are treated. If there is some kind of issue regarding alcohol or substance abuse for a minor, it is important they have somebody who is able to help them get treatment, or at least make sure they are informed on how to avoid this going forward.
A Troy underage DUI lawyer could help you identify and pursue the best course of action for your particular circumstances. Call today to learn more.