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Underage DUI Defense in Georgia

The Attorneys at EHG are experienced in juvenile DUI defense. We are here to help protect your child's record and possibly their license.

Atlanta DUI Lawyer Erin Gerstenzang

Understaning Juvenile DUI Laws in Georgia

If a person under 17 is arrested for driving under the influence (DUI), their situation is significantly different from that of an adult aged 21 or older or even an underage drinker aged 18 or older. Legally, someone under 17 is considered a child, incapable of committing a crime unless it involves particular severe offenses. For those over 17, a DUI case goes to a municipal, state, or superior court.

In contrast, Georgia has established juvenile courts to address charges against those under 17. These courts prioritize juvenile rights, and their offenses, including DUIs, are not classified as crimes as traditionally understood. Any judgments made in juvenile court don’t appear on the child’s permanent record. However, a juvenile DUI doesn’t go unpunished.

The role of the juvenile court is to ensure that the young person understands the seriousness of their actions and faces penalties that deter repeat offenses. Regarding the Juvenile Court Process, its primary goal is rehabilitating the individual, always keeping their best interest in mind.

If a minor is charged with a DUI, they must appear in the juvenile court in the county of their arrest. They have a right to legal representation, and choosing the right DUI attorney can significantly affect the case’s outcome.

Pre-trial Diversion for Minors

Some courts offer a pretrial diversion program as an alternative to formal judgment. If the child fulfills the program’s requirements, their records may be eligible to be sealed or expunged.

On the subject of how a juvenile is charged with DUI, even though they face a more forgiving court than adults, stricter guidelines apply to them regarding driving and alcohol. For instance, a juvenile can be charged with DUI if their blood alcohol content (BAC) is .02 or more within three hours of arrest, even if their ability to drive was not impaired. By way of comparison, .08 is the BAC limit for adults over 21.

Zero Tolerance

This threshold for minors is sometimes referred to as zero tolerance because .02 is a de minimis amount of alcohol. A very modest amount of alcohol can result in a .02 or more reading.

Penalties

Penalties vary depending on the juvenile’s BAC or their compliance with testing.

  • A six-month license suspension is given if their BAC was below .08 or if they refuse testing.
  • A lengthier suspension applies if their BAC is .08 or above.
  • Drivers under 21 cannot get limited driving permits or early license reinstatement.
  • If the juvenile has prior offenses like hit & run or reckless driving, the suspension automatically extends to 12 months.

A DUI attorney can help protect your child’s record and possibly their license. This is crucial because potential employers often check driving records, which can influence their hiring decisions. An Atlanta DUI lawyer can help maintain the confidentiality of your child’s records so that a DUI arrest doesn’t appear on their driving record.

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Less Safe DUI

In Georgia, you can be charged with a “less safe” DUI if the prosecutor can demonstrate that your ability to drive was impaired by alcohol or drugs, even if you did not take a chemical test. To prove a “less safe” DUI, the prosecutor may present evidence such as your initial driving behavior (weaving, speeding, or failing to maintain your lane), speech patterns (slurred or mumbled words), the smell of alcohol on your breath, balance issues, and the results of field sobriety tests. In a “less safe” DUI case, the prosecutor must show that you were under the influence of alcohol or drugs to the point that you were unable to safely operate a vehicle.

Per Se DUI

If you took a chemical test, such as a breathalyzer, blood test, or urine test, the prosecutor may try to prove your DUI in two ways: by showing that you were “less safe” to drive due to alcohol or drug impairment, and by demonstrating that your blood alcohol concentration (BAC) was above the legal limit. In Georgia, it is illegal for drivers of legal drinking age (21 or older) to operate a vehicle with a BAC of .08% or higher. There are lower BAC limits for commercial drivers and for drivers under 21, who are not allowed to have a BAC of .02% or higher. In Georgia, you may be convicted of a “per se” DUI if the prosecutor can prove that your BAC was above the legal limit within three hours of when you stopped driving, regardless of whether you were “less safe” to drive. If you were arrested in Atlanta, you should have received a copy of your breath test result from the arresting officer.

DUI Drug Cases

It is possible to be charged with a DUI for driving under the influence of not only alcohol, but also illegal, prescription, and over-the-counter drugs. However, just because you have been charged with a DUI drug offense does not necessarily mean that there is evidence of drug use. Sometimes, prosecutors may include a drug charge as a precautionary measure to ensure that their case is not dismissed on a technicality. This can be inconvenient and embarrassing, as it may appear on a background check and require an explanation to an employer. An attorney may be able to provide your employer with the necessary information to understand the circumstances of the charge. It is important to note that even if the drug charge is not supported by evidence, you may still face other DUI charges related to alcohol or impaired driving.

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Defense Attorney Erin H. Gerstenzang

Juvenile defense for underage DUI in Georgia

For more than a decade, Erin Gerstenzang has been teaching lawyers across the country how to handle DUI cases. Everything from trial techniques to innovative solutions for client problems, Erin is a sought-after speaker who sets the gold standard for what exceptional defense looks like in DUI. With a nationally known course on defending DUI clients, Erin is the go-to for lawyers looking to improve their skills.

Erin Gerstenzang, a member of the Faculty of the National College for DUI Defense, also brings a wealth of knowledge and leadership to the field of DUI defense. She has served as the Chair of the Georgia Public Defender Council’s DUI Trial Strategies Annual Program for seven years and currently holds a position on the Executive Board of the Georgia Association for Criminal Defense Attorneys, where she heads the Judicial Recommendation Committee.

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