Underage DUI Charges in Georgia hit different. As a parent, you just got a bit of a tummy ache. Perhaps your child's son or daughter called you from jail last night. Perhaps they took a drink while they were out and then a .02, and thought that since it was only one beer, it was no big deal. Or perhaps you're the young driver who is scared that one stupid choice ruined his future. Hold on, panic will not aid; action will. We've successfully represented hundreds of Georgia youth drivers at Downie Law, LLC, and their rules are drastically different from those for adults. This is what you are dealing with.
The average number of BAC that most adults believe constitutes a DUI is .08. That is not even close to true for those under 21 years of age. The GA "Zero Tolerance" law states that anyone under 21 who is driving with a BAC of .02 or higher can be charged. About one standard drink for most people is .02. This is because a person can just have a drink of beer after dinner at 19 years old, and be very sober, but still be caught with a DUI charge. The officer does not have to prove that you were intoxicated. All they have to do is show that you had alcohol in your system to any degree.
Speaking straight, I say this to you. The DUI under 21 consequences in Georgia are not something to take lightly. They are intended to cause pain – the goal of the state is to make it so that young drivers will never again do it. If you are under the age of 21, here's what a first offense would look like:
One year for a first offense at .02 or above for license suspension. No first 120 days limited driving permit.
Community service: At least 40 hours.
A 20-hour risk-reduction program for DUI school.
Fines: $300 to $1,000 plus court costs.
Probation: Typically 12 months.
A drug and alcohol evaluation that may result in a mandated drug and alcohol treatment.
The twist, though. The suspension is set to two years if the youth driver declines the breath test. If they already had a limited license or a learning permit? It's probably all but forgotten. We had a client from Gwinnett County whose nursing school clinical placement was lost due to having his license suspended for one year. One beer. One bad decision. A year of her life was derailed.
This is a parent's dilemma. Does a first offense underage DUI become a "DUI felony in Georgia" charge? Yes – but not for the first violation. The first DUI is a misdemeanor in Georgia. If the underage driver causes an accident that causes serious bodily harm or death, that can turn into a felony. In addition, if the driver already has a DUI conviction in the last 10 years, a second DUI conviction could be a high and aggravated misdemeanor, which mandates jail time. 4 DUI's in 10 years constitute a straight felony.
Our client was a 20-year-old Cobb County resident whose second underage driving while intoxicated (DUI) occurred only two months prior to his 21st birthday. The judge was quite unmerciful. He spent 90 days in county jail. This is no scare tactic; it is what actually happens.
Many people think that being under 21 will give their child some leniency in court. Typically, this is the wrong way around. Youth are tough on the books because they are perceived as being irresponsible and "needing a wake-up call. The State of Georgia also knows that young people don't have a lot of money to spend on lawyers, so they rely on kids to plead guilty without a fight. That shouldn't be allowed to happen.
The best results occur when we push against the stop. Was there a legitimate reason for the officer to stop the vehicle? Is the breathalyzer properly calibrated? If field sobriety tests were given, were they conducted properly? Many times, especially in Underage DUI charges In Georgia, we discover loopholes in the State's case that result in reduced charges or outright dismissals.
When your child is accused of underage DUI, the clock has already started to run for the 10 days he or she has to ask for a license suspension hearing. Miss it, and they lose the right to drive for a year, no questions asked. Call Downie Law, LLC right away. We conduct administrative hearings, criminal defense, and alternative sentencing negotiations.
Your child has made a mistake. This doesn't mean they are deserving of a lifetime scar on their record. Second chances are fought for in the courts of Georgia every day.
Give Downie Law, LLC a call today. Don't wait until it's too late to help your child's future.