The National Highway Traffic Safety Administration (NHTSA) reports the death toll in 2023 from alcohol-related accidents to be about 12,429. Almost 20% of teenagers were involved in alcohol-impaired driving.
Drunk driving accidents involving minors are challenging to prosecute since it is much more difficult to hold a minor accountable for underage drinking and driving. Laws concerning underage DUI cases are very stringent. A minor can face very serious consequences when driving, even after consuming a small amount of alcohol.
According to underage DUI attorney David Lish, facing DUI charges may have consequences that last for several years in the future, such as the revocation of one’s driver’s license. An underage DUI attorney happens to know about such cases and can significantly contribute to protecting the rights of a minor.
Let us examine some common defenses in underage DUI cases that could significantly affect a minor’s future.
Challenging the Legality of the Traffic Stop
The best possible defense for a young person would be to question the legality of a traffic stop. If the police officer does not possess a good reason for pulling one over, one’s case against them might just fall apart.
DUI charges should be taken very seriously, especially since penalties for any further offense can be considerably more severe. The penalties for DUI depend on the state. For example, 2nd DUI penalties in Florida carry much higher fines, longer license suspensions, mandatory alcohol educational programs, and maybe even jail time. This highlights the necessity of mounting a solid defense from the very beginning.
For a DUI case to be successful, it is the prosecution that needs to prove that the event really happened. A good physical evidence should also be presented, such as dashcam footage or eyewitness accounts. A competent DUI defense lawyer will be at your side protecting your rights.
To ask about the legality of the stop is to express a concern that all relevant considerations are given fair play under the law, not that you merely contest the allegation.
Questioning the Accuracy of Breathalyzer Tests
Breathalyzer test results are irrefutable proof that that person is intoxicated, yet they may also be impacted by an array of accuracy issues. Errors in measurement, temperature variations, and your body’s peculiarities can all affect the outcome of these tests.
If you don’t calibrate the system correctly or use it correctly, you might get wrong results. The readings might be off if the individual has certain kinds of medical conditions. The defense can raise these types of points to demonstrate that the test results were inaccurate.
A breathalyzer reading indicating a certain amount of alcohol should not be readily accepted as the absolute truth. Your rights should be protected, and having these tests questioned can be a keystone in your case.
Examining Field Sobriety Test Procedures
Several field sobriety tests are among the most common methods used in law enforcement to assess driver impairment. The effectiveness of these tests can also be questioned. The interpretation of walk-and-turn or one-leg-stand tests can be too subjective.
Feeling frightened or nervous, or having trembling hands while perfectly sober, can wrongfully be interpreted. Variables include age, weight, and nervousness. Grasping these nuances is necessary. On the other side of the spectrum, an officer may administer a test differently such that variations in results increase.
It is important to scrutinize the conduct of these tests in any underage DUI matter to detect weaknesses in prosecuting evidence. You should be fully aware of your rights and thoroughly investigate every detail relevant to your defense.
Assessing the Presence of Probable Cause
In building a strong defense in a juvenile DUI case, you must first analyze whether the police had reasonable grounds to stop you. An officer with probable cause simply means that the officer must reasonably believe one is engaged in some form of illegal activity.
You must look into how the officer induced the stop. Was the officer responding to erratic driving or was this simply vague hearsay? If the basis for the stop is found to be improper upon scrutiny, it could benefit the defendant.
You are entitled to a fair chance of telling your side of the incident. Addressing the issue of probable cause goes a long way back in supporting your claim.
Don’t be afraid to share the details of the incident with your attorney so that he/she can help you examine all your avenues.
Highlighting Medical Conditions or Medications
If you suffer from a medical condition or take medications that impact your capability to drive, then all these must be brought into the light in your defense.
Most people do not understand that various health conditions and the medications they take can strongly influence an individual’s capability to drive. Your defense for such cases can also include health- or road-related issues apart from drug or alcohol impairment.
People might suddenly exhibit changes in their condition if they are suffering from epilepsy or diabetes. Someone taking any drugs for depression and anxiety will likely function in a way close to intoxication. The more one reveals in court about the matter, the more a judge and a jury understand what actually happened in the DUI case.
The post Your Guide to Understanding Underage DUI Consequences and Defenses appeared first on Moss and Fog.