Dedham Underage OUI Lawyer
If you are underage and you have been pulled over for speeding, you might be feeling overwhelmed right now. A Dedham underage OUI lawyer can help. It can be difficult to navigate the OUI case process alone, and a skilled OUI attorney can provide the guidance necessary to advocate for you. Let a capable lawyer build a solid defense for you.Laws Regarding OUI Impairment
The BAC is still 0.08 for someone under the age of 21. For license purposes, the BAC is 0.02. However, for court purposes, it is 0.08. There is no difference between someone under over 21 in how the Dedham underage OUI lawyer may defend the case.
Often, the jury never knows the person on trial is under 21. When the person under 21 does not work or if it is not written in bold letters, the DAs miss that and the jury never knows the age of the person. Being under 21 does not affect the defense in a drastic way, where it comes into play that the person loses, then instead of a 45-day license loss, its 210 days.Factors Used to Determine Impairment
Impairment in an underage driver is 0.02. When examining the case, an attorney often looks at the reason the person was stopped initially. They examine how the person interacted with the officer in terms of their observations. The officer looks for slurred speech, bloodshot eyes, alertness, and the person’s balance and coordination of the field exercises.
The officer takes note of the person’s ability to respond when asked questions and whether they responded promptly. A Dedham underage OUI lawyer may look at the video to see if the person appears engaged, has good balance and knows what is going on to make the argument that the person is not under the influence of alcohol.How Prosecutors and Judges Treat Underage OUI Cases
Prosecutors and judges treat cases of underage OUI the same. They do not treat them any more harshly than they treat over 21 OUIs. They want to get a conviction on the OUI and they want the person to be required to do the 24D program. Generally, the person under 21 does not face jail time just because of their age or any more serious harsh sanctions than someone over 21.Expectations of the Underage OUI Case Process
The process of an underage OUI case takes between six to nine months, depending on the court. The OUI lawyer meets with the person under 21 to explain their license consequences. The situation can be confusing and it is an OUI attorney’s job to make sure the person has a good understanding of the process.
The lawyer may file to the suppress evidence; file other motions; or the case may be fast-tracked right to trial. During the process, the lawyer looks at the scene, examines the evidence, interviews witnesses, and gathers medical records. There is an initial fact-gathering process once the case begins, followed by court dates and whether the case requires a motion, goes to trial, or is resolved.What Happens When Someone Under the Age of 21 is Pulled Over for an OUI
When a person is under 21 and they are pulled over for OUI, a couple of things happen. First, if the person is just 21 and refuses a breathalyzer test, they get a three-year license loss. If the person takes the breathalyzer test and fails, a couple of different laws govern that situation.
There are two suspensions: a 30-day suspension for the breath test being over .08 and another seven months suspension based on the youth alcohol program. When someone is under 21, they want to enroll in the youth alcohol program because that waives the seven-month suspension. For a six-month suspension, the person is left with only 30 days.
When a person is under the age of 21 and their breath test is over 0.08, they face a seven-month suspension. If a person’s breath test was over 0.04, they still have to do the youth alcohol program but do not face the 30-day suspension. In almost all cases, someone under 21 should probably enroll in the youth alcohol program regardless of how the case turns out because it allows them to potentially regain their driving privileges within a shorter span of time.Value of Working With a Dedham Underage OUI Attorney
If you are under 21 and face underage OUI charges, you need an experienced Dedham underage OUI lawyer who understands the license implications. If you refuse sobriety testing, it is a three-year license loss, and you may need a lawyer who could appeal that. An experienced lawyer may have an understanding of how the prosecutor is likely to prosecute the case and what questions they might ask in cross-examination, which provides a little bit of an edge in helping you prepare for trial. Work with an underage OUI attorney and know that you are in capable hands