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.
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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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![Defense Attorney Erin H. Gerstenzang](https://www.ehglawfirm.com/site/wp-content/uploads/2019/08/erin-secondary.jpg)
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.