Like in other states, Maryland’s legal drinking age is 21 years old. Anyone in Maryland can get a DUI charge with a blood alcohol concentration (BAC) of 0.08 percent. But when dealing with minors under the age of 18, there is a zero tolerance policy under Maryland Code § 16-113.
This means that minors caught driving under the influence of any amount of alcohol (BAC of .02%) in their system will be arrested and face all the same potential charges as that of their adult counterparts. However, a minor arrested for DUI will most often have their case come before the juvenile courts rather than be tried as an adult. They may also face additional administrative restrictions with the MVA.
Serious car accidents, extensive damages, injuries to the driver or others gets the attention of the police and prosecution team in a way that can cause it to be escalated to the criminal court. Although some judges might not rule as seriously, it still means there is a higher probability of supervised versus unsupervised probation.
First offenses usually don’t warrant a significant period of incarceration, however some prosecutors take these cases more seriously and are less likely to make better plea offers. Finding a Maryland underage DUI lawyer for legal representation is highly advised, as judges and prosecutors treat cases for underage DUI charges case by case, and a good defense can mean the difference between probation and jail time.
Process of an Underage DUI
The first thing to be determined in the case of a minor with a DUI is if they have a significant problem with alcohol and have an evaluation conducted. Anyone under 21 is not permitted to consume alcohol, so there are more questions to ask to see if larger issues are at hand when minors with a DUI.
The reason juvenile prosecutions are different from those of an adult is partially due to the fact that someone under 21 is already committing a crime by drinking. An officer does not need to demonstrate that someone’s BAC is higher than a 0.08 in order to arrest them, as someone under 21 should not have any alcohol in their system at all.
Minor DUI cases are typically treated with a plan that skews towards rehabilitation, rather than punishment. Judges are inclined to order treatment, or early intervention, rather than let a minor carry problematic behavior into their adult life and develop an even greater problem down the line.
It’s the opinion of the prosecutor and court that if they can keep the minor from having issues with substance abuse in the future, they will attempt to do so, and want to make sure that the juvenile understands the court system to try and deter them from letting this matter be a gateway into more significant issues and crimes in the future. Enrolling in alcohol education programs preemptively, or finding treatment can show that an individual is taking these charges seriously. Likewise, having a trusted attorney can help this legal process go smoother, and ensure your child has the best DUI defense available.
Prosecution of DUI for Drivers Under the Age of 18
When someone under 18 is charged with a DUI offense, they typically are processed in juvenile proceedings. These take place in the juvenile court system, which is a branch of the Circuit Court. The Circuit Court is typically reserved for very serious offenses when it comes to criminal court. But when it comes to Juvenile Court, there is a branch of the Circuit Court that is committed to helping minors with resolution in these cases. In order to avoid seeing similar DUI cases in the future, penalties you can expect for a minor’s case are often community service, participating in education programs, and loss of their license.
Potential Penalties
When someone is under the age of 21, but over 18, they are still treated as an adult in the courts. If under the age of 18, the case is given to the juvenile court. How a case is treated depends if the person being charged is considered a legal adult at the time of their arrest. If they are over 18, they’ll be asked to do the same alcohol education class as if they were of the legal drinking age, and perhaps other penalties like community service.
Additionally, the Motor Vehicle Administration might penalize an adult under the age of 21 for a DUI charge, including penalties of up to a year of license suspension, or six months with a mandatory interlock system in their car. The administrative penalty for refusal of field sobriety testing is the same: 120 days with no driving, or one year with a required ignition interlock.
The maximum penalties are exactly the same as for someone over 21. The maximum penalty for a more serious DUI charge is one year in jail, 12 points on their driver’s license, and a $1,000 fine. These are the maximum penalties, and typically the sentences received are below these maximums. First offenders are not usually sentenced to jail time.
Trust Widder Law to Handle Your DUI Case
Facing criminal charges is a trying and frightening experience for anyone, especially as a parent trying to protect your child. Just because your child is underage does not mean they will not face serious consequences. With sound legal advice and preparation, you and your family can navigate through this process with the best defense possible.
Trust Jeremy Widder Law to help.
With years of trial experience covering major and minor offenses (including DUI), we at Widder Law approach every client’s case with compassion, understanding, and transparency. In addition, we strive to make our services accessible to everyone with a flat-fee structure and flexible payments.
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