Colonial Heights Minor Charged as an Adult DUI Lawyer
Discovering that your child has been charged with a DUI could be shocking news. Often, parents may not know what recourse they have to defend not just their child and their future. When incidents like these happen, it could be beneficial to have a Colonial Heights minor charged as an adult DUI lawyer on your side. An experienced DUI attorney familiar with these types of cases could help you craft a defense against the state.
Circumstances When Minors Are Charged as Adults for DUI
If a minor is operating a vehicle with a blood alcohol content of 0.02 or higher, they will likely be charged with a DUI. To be charged as an adult normally would mean they had committed a felony offense, and in the criminal justice system, a juvenile in certain felonious situations could be charged as an adult. This could result in the Department of Corrections jail time as opposed to a detention center. It is critical to understand that age does not exclude people from receiving a felony charge if the situation warrants it.
Depending on what the Commonwealth is seeking as far as a penalty is concerned, jail time–though often unlikely for minors–is still an option. For a felony, the Commonwealth will make a motion to the court to have them treated as an adult and have their case transferred to the adult court.
How a Defendant’s Age Affects a DUI Defense Strategy
In the realm of criminal defense, age in a DUI defense strategy is a fluid element that comes into a play in many ways depending on what the ultimate defense theory is. When a lawyer is dealing with a DUI case, they might want to suppress what the minor said during their arrest. In this specific instance, age is a factor, as a defense attorney could argue that a minor is too young to understand Miranda warnings and their right to remain silent.
If the defense theory has more to do with mitigation, age could be used in negotiating with the Commonwealth, arguing that the individual is young, has a future ahead of them, and that this one-time instance and not something that the court should view as a recurring event. For building a strong defense, it is essential for defendants to contact a Colonial Heights minor charged as an adult DUI lawyer.
Differences Between Legal BAC Levels for Adults and Minors
The legal BAC level for a minor is significantly lower than the legal BAC level for an adult, as it is 0.02 percent rather than 0.08. An adult is presumed to be sober between 0.00 and 0.05. At 0.06 and 0.07, there is no presumption one way or the other–the judge just recognizes that they have ingested alcohol and it is a fact to be taken into consideration given the circumstances and deciding whether the adult was intoxicated. At 0.08, the adult has reached the legal limit, so the presumption is that they are intoxicated.
For a juvenile anything over 0.02 means they are presumed to be intoxicated and it probably will lead to a DUI charge. Legally, the juvenile should not be drinking at all. A juvenile’s smaller body is not developed enough to handle as much alcohol as an adult. The permitted lower BAC level reflects that understanding.
Contact a Colonial Heights Minor Charged as an Adult Attorney
The penalties for a DUI conviction are severe and can lead to long-term repercussions. If your child is facing DUI charges, you might want to obtain an attorney as soon as possible. A Colonial Heights minor charged as an adult DUI lawyer could look for options to defend and mitigate the damages the court could have on their future. Do not wait, contact an attorney today.
