A DUI is always a serious charge, and the state of Oklahoma particularly takes it very seriously. When you’re talking about an underage DUI, though, the situation gets even more serious. Don’t wait if you or your child have been charged: get an Oklahoma City DUI lawyer as soon as possible.
Underage DUI: Legal Ramifications and Strategies Your Oklahoma City Lawyer May Use
In Oklahoma, the legal drinking age is 21, and for drivers under this age, the state has a zero-tolerance policy regarding blood alcohol content (BAC). This means that while adults may legally drive with a BAC below 0.08%, if someone under 21 has any detectable amount of alcohol in their system at all, they will be charged with a DUI (though the Oklahoma Board of Tests has defined “any amount” to be functionally anything over 0.02%: still a very low bar). Obviously, the point here is to discourage underage drinking.
Legal Ramifications
Immediate Consequences
A first offense can lead to various consequences, but one thing that is usually off the table for those under 21 is jail time. The purpose of the consequences is not to punish but to educate and re-direct a child away from alcoholism and the potential danger to society that they may become if they don’t understand how serious it is to drive under the influence.
A “DUI under 21” comes with a misdemeanor charge, fines, required community service, mandatory alcohol education classes, and a suspension of your driver’s license for 30 days on the first offense. If it’s a second offense, your license is suspended for two years or until you turn 18.
Long-Term Consequences
A DUI record can make it hard to take advantage of employment opportunities, it can affect your college admissions (or your standing at a college and with various scholarship agencies, and it can certainly make your insurance rates skyrocket. Insurance companies typically increase premiums substantially following a DUI conviction, which are already higher for those under 25.
Aggravating Factors
While Oklahoma usually brings a DUI under 21 charge against anyone under that age, which does take some of the harshest penalties off the table, that doesn’t mean the state can’t charge you with a full DUI if there are certain aggravating factors. For instance, if an underage driver’s BAC is significantly above the legal limit for adults (0.08%), they can be charged as an adult or with Aggravated DUI, which comes with a mandatory 28-day substance abuse inpatient treatment, a year of supervised follow-up, and the requirement to use an ignition interlock device on your car for at least 30 days, even after your license is restored.
Things get even worse if there is a child in the car at the time of the DUI, if you cause harm to another person, and particularly if this is also a repeat offense. Then you’re talking about felony charges, fines as high as $5,000, and mandatory jail time that can go as long as 10 years in the worst-case scenarios, where someone dies in a DUI-related accident.
There could also be additional charges tacked on, such as reckless driving, depending on the severity of the incident. Repeat offenses are always going to bring the worst consequences because Oklahoma law requires judges to consider previous DUI convictions when determining sentences for new offenses and give progressively harsher penalties.
Defense Strategies
It’s not easy to defend yourself against any DUI charge, and a DUI under 21 charge is even more difficult because the state is highly motivated to apply the strongest penalties to discourage any future drinking and driving. Your Oklahoma City criminal defense lawyer needs to be experienced in DUI charges and criminal defense in particular for you to get the best result. There are a few strategies your lawyer may try:
Was It a Legal Stop?
One common defense strategy is to challenge the validity of the traffic stop that led to the DUI arrest. Law enforcement officers must have a legitimate reason, such as a traffic violation, to stop your vehicle, and if the stop wasn’t lawful, it may be possible to throw out any evidence they got through the stop, including the results of any chemical tests.
Was the Testing Accurate?
Another defense strategy is to question the accuracy of the BAC test results. Breathalyzers and other testing devices have to be maintained and calibrated properly, or they may not provide accurate readings. If there’s any evidence that the device used to test you wasn’t being properly maintained, hadn’t been calibrated recently, or had malfunctioned in the past, this can help your case.
Was Another Factor at Play?
There are some other defense strategies that can sometimes be used. In some cases, for instance, it’s possible to show that a medical condition, prescription medication, or something else caused you to fail a DUI test. If the officers administer one of the field sobriety tests, and you had to perform these tests on uneven ground or in bad weather, this can also be used as a defense in certain circumstances.
Are You Taking This Seriously?
One of the best strategies for those who really were drinking and driving when under 21 is for you and your lawyer to work hard to show the state exactly why you are not a danger to society and that you fully understand the seriousness of what you’ve done and will not be doing it again. Fully dedicating yourself to substance abuse treatment, community service, work or school, as well as positive testimony about your character from teachers, church leaders, or others in similar positions can sometimes encourage the court to go easier.
Your Oklahoma City Lawyer’s Job
Never try to fight a criminal defense charge on your own. Without knowledge of the law, experience in the local courts, and experience in negotiating and bringing cases, you don’t stand a chance against a determined prosecutor’s office with the will to bring a charge against you and enormous resources at their disposal.
A criminal defense lawyer will be able to look at all the specifics of your case and see where potential defenses lie. They will also be able to negotiate effectively with prosecutors in a way that you cannot, and this can sometimes result in reduced charges or lesser penalties.
A good defense lawyer will have experience with the local courts and also an ongoing relationship with judges and prosecutorial attorneys. They can bring this experience and these relationships to bear in negotiations and plea deals. A defense lawyer is also the only one in the situation who will be looking out for your rights in particular, and they can stop you from accepting plea deals that are not in your best interests and also advise you clearly on what all your options are and the immediate and long-term implications of your choices. And, of course, if your case goes to court, your best option for getting the best possible outcome is if you let an experienced legal professional argue your case for you.
If you’ve been charged with a DUI under 21, or someone you love is facing this charge, take it seriously. Contact Cannon & Associates in Oklahoma City and Edmond, OK now for help.