If you are younger than 21 and decide to drink at a University of Virginia fraternity party, you risk being stopped by a law enforcement officer, subjected to a chemical test, and charged with underage DUI. This offense is also known as a baby DUI, as the threshold for charges is much lower than for an adult.
Although adults must register at least 0.08 BAC to receive a DUI, a police officer can charge you for an underage DUI if you register a 0.02 blood alcohol content or concentration (BAC). Furthermore, the consequences go beyond the criminal charge and can affect the amount you pay for automobile insurance and whether you keep your driver’s license. In such situations, the help of a Charlottesville underage DUI lawyer is crucial. Schedule your consultation with a skilled DUI attorney at La Fratta Law for personalized attention and legal guidance.
How Does La Fratta Law Defend Young DUI Clients?
Chemical testing is the foundation of underage DUI cases. Field sobriety tests and officer suspicion, which are used as evidence more frequently in adult cases, may also be used. Because the 0.02 threshold is so low, an attorney could challenge the lawfulness of your DUI stop by questioning whether the officer had probable cause to conduct it and whether they administered the chemical test legally.
If the prosecution enters additional documentation as evidence, it must prove it is strong enough to convict you beyond a reasonable doubt. Our founding attorney, Michael La Fratta, could use every detail of your case to instill doubt in the judge and jury. Questions can arise about:
- How medical professionals handled a blood test
- The timeline for testing
- Whether the small amount of alcohol registered is from medication
- Whether the documented observations mistake nervousness or a medical condition for impairment
Your underage drunk driving attorney in Charlottesville could also ensure that law enforcement does not violate your constitutional rights. For example, if police ask you to give a statement that incriminates you without reading the Miranda warning, your rights are in jeopardy.
Penalties for Underage DUI
If a court convicts you of an underage DUI, it may fine you and suspend your driver’s license. It may also impose other court sanctions, such as alcohol counseling, depending on the particulars of your case.
If you are a college student, your school most likely has a code of conduct, and it could take away a scholarship, suspend you, or put you on probation. Your insurance premiums (or your parents’ if you are covered by their policy) could increase dramatically, and your conviction will appear in any future background checks for employment or housing. An underage DUI could follow you into adulthood, making it essential to work with a Charlottesville attorney from La Fratta Law.
Contact an Underage Drunk Driving Attorney in Charlottesville
An underage DUI is a misdemeanor criminal charge, and the legal process requires an initial court appearance, evidence review, negotiation with the prosecutor, and possible litigation. Your best chance to avoid an unpleasant outcome is by relying on an experienced, tenacious, and committed lawyer.
At La Fratta Law, we understand local legal circles and can advocate for your rights. Contact our team today to schedule a free consultation with a Charlottesville underage DUI lawyer.