West Palm Beach underage DUI charges for minors are serious offenses that could have real repercussions for individuals. These charges could follow an underage individual when they try to apply for jobs and internships. They could damage your reputation and keep you from moving forward, which is why it is important to work with a skilled attorney. If you or your child have been charged with an underage DUI offense, it is vital that you retain the services of a qualified underage DUI lawyer. A capable attorney could devote the time and resources necessary to achieve a positive outcome for you.
Laws Regarding Underage DUI Offenses
There is no Florida juvenile traffic code. If a person is a juvenile, under the age of 18, and they were driving, they are considered as an adult and every violation is the same charge as if they were an adult who got the charge. If a person is under the age of 18 and they are pulled over for speeding, they are going to get the same speeding ticket as an adult would get.
If a person is under the age of 18 and they are pulled over for suspicion of DUI and they get arrested for DUI, they are getting arrested for DUI in the same way that their mother, father, brother and sister, grandfather, uncle are going to get charged with a DUI. Many people do not realize that West Palm Beach underage DUI charges for minors are taken so seriously because driving is considered an adult activity. That is a privilege and because it is an adult activity, juveniles are held to a higher standard.
BAC Limits for Minors in West Palm Beach
The BAC limits for minors in West Palm Beach in regards to a DUI are the same as they are for adults. In order to prove a DUI, the state must prove that the underage driver or minor has a blood alcohol level of 0.08 or above or that the underage driver or minor’s normal faculties were impaired.
The exception is that is there is a gray area in between getting a DUI and having any alcohol on board. Anyone from the age of 21 and below in the State is not allowed to consume or possess any alcohol whatsoever. Florida has what is called a zero tolerance law. If a person under the age of 21 is pulled over and has alcohol on their breath, law enforcement has a right to ask that person on the spot to submit to a breath test or portable breath test.
If that result shows a 0.02 or higher, that person under the age of 21 who blows a 0.02 or higher is going to be subject to a six months driver’s license suspension simply for having alcohol in their system. If they are way below the legal limit, only a quarter of a legal limit, it doesn’t matter because they are under the age of 21 so they are not allowed to have any alcohol whatsoever. If a person is caught and if they are tested and if they test positive to a degree of 0.02 or higher, a person under the age of 18, while they are not getting a DUI charge for 0.02, they would get a driver’s license suspension for that.
Expectations of the DUI Case Process
A DUI case for a minor is heard in West Palm Beach in the county court assuming that is a simple DUI and no accident, injuries and no prior offenses. It is the same courtroom, same courthouse, same court, same judge, and the same prosecutors as someone who is over the age of 18. Traffic crimes are held in county court; there is no juvenile code for traffic so it is held in the adult court in the county court.
West Palm Beach underage DUI charges for minors are treated just as seriously as adult DUI charges and could have wide-ranging and long-term implications that this young person will be facing for the rest of their life.
A person under the age of 18 should expect to be handled with good care to make sure that there are no other alternatives to resolve the case other than having a permanent record because an attorney is going to strive to make sure that a person who is under the age of 18 who has not had the chance to finish school or get a job or establish a career or a family, that that person is not permanently stained from a DUI conviction on their record.
Prosecutors of Underage DUIs
Prosecutors and judges treat cases of minors who get accused of DUI relatively the same as adults because the law is the same and the standard of proof is the same and so are the rules and procedure. The difference in the prosecution of West Palm Beach underage DUI charges for minors is that there may be some sympathy because the person is so young and presumably never been in trouble before. The prosecutor may understand that as a young person, that DUI offense could affect their ability to go to law school, should the person decide to that or go to medical school or become a law enforcement officer. Often, prosecutors may work with a good defense attorney and with a good advocate and will look to find alternative dispositions or alternative results to a case so that the person’s record might not have to be stained permanently.
Severity of Offenses
The severity of a sentence compared to adult sentencing tends to be the same. There are some cases that are aggravating where there could be an enhanced type of sentence where the aggravation, whether it be the facts as far as blood alcohol level, crash or defendant’s attitude or how impaired the person was.
DUI sentences for an adult or minor who has never been in trouble before are relatively harsh for someone who has no previous criminal history. Other serious crimes, such as drugs or property, for someone under 18, might not get convicted and they might not go on probation and not have to do all the things that are mandatory for DUI.
How Judges Treat Underage DUI Offenses
During the prosecution of West Palm Beach underage DUI charges for minors, a judge may look at a young person under the age of 18 and tell the person when they appear in front of them that they are way too young to be in this type of trouble and warn them to cease this kind of behavior. Other than that, they recognize the age of the defendant and the consequences to the defendant, prosecutors and judges will otherwise treat the case as the same because it is just another case to them especially if there was an accident or someone was hurt. The judge may show some additional care to a person to try and teach them a lesson, they may show some additional concern if the facts of the case are egregious where they think that the person under the age of 18 already had a substance abuse problem and may gather more attention from a prosecutor and a judge. It really depends upon the facts and circumstances of the case.
Why Cases Are Prosecuted So Strongly
These cases are prosecuted as strongly as any other cases. A DUI case is unlike a drug or property crime and tends to post a danger to the community if not handled correctly. What the prosecutor and judge are concerned about is impaired driving becoming a pattern of behavior and that the person might eventually injure or kill someone while driving under the influence/
These cases are strongly prosecuted to carry forward or present a message that this is not tolerated in the community. The job of a prosecutor and a judge is to protect the community and therefore, they strongly prosecute these cases because that is what a judge and a prosecutor believe their role is: to represent and protect the community. The role of the experienced DUI Attorney is to protect the rights of the accused with maximum effort and effect.
Penalties for DUI Convictions
Penalties for underage DUI offenses include conviction, probation, fines and court costs, community service, different types of schools, drug testing, driver’s license suspension, vehicle immobilization, et cetera. A sentencing for DUI is relatively strict whether it is an adult or juvenile and the severity of the sentences are so severe on a standard basis but the minimum sentence is relatively severe that it is left alone whether it is an adult or a juvenile unless there are aggravating circumstances surrounding that. Your attorney’s job is to get the case dismissed, reduced and the sentence as low as possible. If your child faces charges for an underage DUI offense, speak with a lawyer that has experience handling the prosecution of West Palm Beach underage DUI charges for minors. A capable underage DUI lawyer could pursue a positive outcome for you and your child.
Value of a West Palm Beach Underage DUI Attorney
If you face West Palm Beach underage DUI charges for minors, an attorney can try and minimize the situation as best as they can while being focused on the person’s record and the consequences that something like this is going to have on a young person’s lifestyle and livelihood going forward. A lawyer may attempt to do everything they can to prevent that from happening to someone under the age of 18 as they would for an adult, but for someone under the age of 18, the consequences can be far more devastating and long-reaching and long-term compared to an adult who is in their 50s or 60s who already have their family and career in place. Work with a determined DUI attorney that could fight for a positive outcome for you.
