Underage DUI Defense: How to Protect Your Rights and Future
Being charged with a DUI (driving under the influence) as an underage driver can be overwhelming. In Tennessee, the laws are strict when it comes to underage drinking and driving, and the consequences can be severe. As an underage driver, your future could be at risk, which is why it’s important to have a skilled defense lawyer by your side.
If you find yourself facing underage DUI charges, here are the steps Moreland Law Firm in Nashville, Tennessee, recommends taking, and more about how an underage DUI defense attorney can help defend your case. From understanding the laws in Tennessee to exploring potential defense strategies, we’ve got you covered.
Underage DUI Laws in Tennessee
Under Tennessee law, an underage driver (someone under the age of 21) is prohibited from driving with any measurable amount of alcohol in their system. Unlike adults, who must have a blood alcohol content (BAC) of 0.08% to be considered legally intoxicated, underage drivers can be arrested and charged with a DUI if their BAC is as low as 0.02%.
The reasoning behind this law is to deter underage drinking and driving, as alcohol impairs driving ability, regardless of age. The penalties for underage DUI can be harsh, ranging from license suspension to mandatory alcohol education programs, fines, and even jail time in some cases.
For an underage driver, being charged with a DUI can mean far-reaching consequences, such as:
Suspended driver’s license – Your license could be suspended for a period ranging from several months to a year.
Fines – You could be required to pay substantial fines.
Jail time – In certain situations, underage DUI charges can result in incarceration.
Probation – If convicted, you may be placed on probation, which comes with certain restrictions and requirements.
Increased insurance rates – A DUI conviction can lead to skyrocketing car insurance rates.
Criminal record – A conviction could result in a permanent criminal record, which may affect future employment or educational opportunities.
Fortunately, there are steps you can take that may help you minimize these consequences.
What to Do If You’re Charged with an Underage DUI
If you’ve been charged with an underage DUI, the first and most important thing you can do is to contact a DUI defense attorney in Nashville. A skilled attorney can help you understand the charges against you, assess the evidence, and work to build a defense that minimizes the potential consequences.
Here are the steps you should take immediately after being charged with an underage DUI:
1. Stay Calm and Respectful
It’s important to stay calm and respectful when interacting with law enforcement officers. Avoid arguing or resisting arrest, as this can result in additional charges. Cooperate with the officer, but remember that you have the right to remain silent and the right to an attorney.
2. Don’t Admit Guilt
While it’s tempting to explain yourself to the officers, don’t admit guilt at the scene of the arrest. In Tennessee, even a small amount of alcohol can lead to a DUI charge, and saying anything that could be interpreted as an admission of guilt could be used against you in court. It’s always best to let your attorney handle communications with law enforcement.
3. Request a Lawyer Immediately
One of your most important rights is your right to legal representation. As soon as you’re arrested, request a DUI defense attorney. An attorney can help you work through the legal process, protect your rights, and give you the best chance of reducing or dismissing the charges.
4. Follow Through With the Legal Process
Once you’ve contacted an attorney, make sure to follow through with the legal process. This may involve going to court, attending hearings, and participating in mandatory programs (like alcohol education) if required. Your DUI defense attorney will guide you through these steps.
How a DUI Defense Attorney Can Help
The criminal justice system can be confusing and overwhelming, especially for an underage driver facing DUI charges. With so much on the line, it’s essential to have a knowledgeable DUI defense attorney by your side. A defense attorney will help you in several key ways:
Challenging the Evidence
One of the first things your DUI defense attorney will do is assess the evidence against you. In some cases, there may be weaknesses in the prosecution’s case that could help you avoid a conviction. For instance, your attorney will investigate whether the traffic stop was legal, if the breathalyzer or blood tests were administered correctly, or if there were any issues with the officer’s conduct during the arrest.
Exploring Potential Defenses
Some of the most common defenses you can use to potentially avoid a conviction include:
Lack of probable cause for the stop: If the officer didn’t have a valid reason for pulling you over, any evidence gathered during the stop may be inadmissible in court.
Improper administration of field sobriety tests: Field sobriety tests, such as walking in a straight line or standing on one leg, can be subjective and sometimes inaccurate. If the officer didn’t follow proper procedure or if you were unfairly tested, this could be used to challenge the evidence.
Inaccurate breathalyzer results: Breathalyzer tests can be flawed if not calibrated correctly or if other factors (such as medical conditions) influenced the results. Your attorney will investigate the accuracy of any breathalyzer or blood test results.
A DUI attorney can help you determine the optimal defense for your specific situation.
Negotiating for Reduced Penalties
If a conviction is unavoidable, your DUI defense attorney can help you negotiate for reduced penalties. This could involve working with the prosecution to reduce fines, sentence lengths, or mandatory programs. In some cases, it may be possible to have the charge reduced to a lesser offense, which could minimize the impact on your future.
Representing You in Court
If your case goes to trial, a DUI defense attorney will represent you in court, presenting your case and fighting for your rights. Whether through cross-examining witnesses, arguing motions, or presenting evidence in your favor, your attorney will work to protect your interests and seek the best possible outcome.
What Happens If You’re Convicted?
If you’re convicted of an underage DUI, the consequences can be severe. In addition to the penalties mentioned above, a DUI conviction can have a lasting impact on your future. Here’s a breakdown of potential penalties:
License suspension: For underage DUI offenses, Tennessee law typically mandates a license suspension for a minimum of one year.
Fines and costs: You may be required to pay fines and legal costs associated with your case.
Mandatory alcohol education: As part of your sentence, you may be required to attend an alcohol education program.
Criminal record: A DUI conviction will likely result in a permanent criminal record, which can affect future employment and education opportunities.
Increased insurance rates: Your car insurance premiums are likely to rise significantly after a DUI conviction.
However, it’s important to remember that not all is lost. With the right defense, it’s possible to have a DUI charge reduced, dismissed, or avoided altogether.
The Importance of Acting Quickly
The sooner you get in touch with a DUI defense attorney, the better your chances of protecting your rights and minimizing the consequences of a DUI charge. There are strict deadlines in DUI cases, and you need to act quickly to preserve your right to challenge the charges and protect your future.
A DUI conviction can have a lasting impact on your life, but with the help of a skilled DUI defense attorney, you can fight back and work toward a positive outcome. Your future is too important to leave to chance, so don’t wait—contact a DUI defense attorney in Nashville today to begin building your defense.
Contact Us Today
Facing an underage DUI charge in Tennessee can be overwhelming, but you don’t have to go through it alone. A skilled DUI defense attorney will fight for your rights, help you understand the charges, and explore all potential defense strategies. If you’re facing an underage DUI charge in Nashville, Franklin, Murfreesboro, Lebanon, Columbia, or Dickson, Moreland Law Firm can help. Contact us today.