Alabama law makes it illegal for a person to drive an automobile with a blood alcohol content (BAC) of 0.08 percent or more, but a minor under the age of 21 can be charged with driving while under the influence (DUI) if he or she has a BAC of 0.02 or higher. That essentially means that minors can face criminal charges for driving after consuming a single standard drink, be it 12 ounces of beer, 5 ounces of wine, or a mixed drink containing 1.5 ounces of an 80-proof liquor.
The severity of the consequences a minor faces for an underage DUI depends on whether it was the person's first offense, whether he or she submitted to BAC testing, what the result of that test was, and whether he or she was involved in an accident resulting in personal injury. Even when a person under the age of 21 is arrested with a low BAC level and no aggravating circumstances, it is important to seek legal representation before going to court.
Huntsville DUI Under 21 Lawyer
If you or your child was arrested for an underage DUI in Alabama, you will want to work with an experienced attorney who can give you the best chance at obtaining the most favorable outcome to your case. Law Offices Of Segal & Segal represents clients under 21 facing DUI charges throughout Madison County as well as surrounding areas like Marshall County, Jackson County, Morgan County, and Limestone County.
Sandra Segal and Andrew Segal are both former prosecutors who understand how DUI cases are handled and what flaws can be exposed. We offer a free, no obligation consultation to let our firm review your case when you call (256) 533-4529 or send us a message online.
Madison County DUI Under 21 Overview
- What are the consequences of an underage DUI conviction?
- Under what circumstances do convictions require installation of ignition interlock devices?
- What defenses are available against underage drunk drunk driving charges?
The consequences of a DUI conviction increase depending on the results of an alleged offender's BAC test:
- BAC of 0.02 or greater, but less than 0.08 — License suspended for 30 days
- BAC of 0.08 or greater, but less than 0.15 — License suspended for 90 days, up to one year imprisonment, fine of $500 up to $2,000 plus additional $100 fine for Impaired Drivers Trust Fund, DUI school attendance
- BAC of 0.15 or greater — License will be suspended for 90 days, ignition interlock installed in car for two years, offender also receives double the minimum penalty that would have applied for a DUI with a BAC under 0.15
An ignition interlock device (also called a breath alcohol ignition interlock device or BAIID) is a breath testing device connected to an automobile's dashboard. In order to start the vehicle, the driver will have to exhale into the device and register a breath reading that is lower than the 0.02 BAC limit. Even after the engine has been started, the device can randomly require another sample.
Under Alabama law, all repeat DUI offenders are required to install ignition interlock devices for varying lengths of times. However, first-time offenders can also be required to install one of these devices if:
- A child under the age of 14 was in the vehicle
- They had a BAC of 0.15 or higher
- They refused to submit to BAC testing
- They were involved in accident that resulted in personal injury
If a person had a BAC of less than 0.15, then he or she is required to maintain the ignition interlock device for two years. People who refused BAC testing or had BAC levels of 0.15 or higher are required to keep the devices installed for four years.
The prosecution still has a duty to prove your guilt beyond a reasonable doubt, and some of the defenses that can help get the charges against you reduced or dismissed may include, but are not limited to:
- Another person was driving the vehicle
- Illegal stop of your vehicle
- Improperly handled blood, breath, or urine tests
- Inaccurate officer observations
- Unreliable field sobriety tests
- Violations of your constitutional rights
Find the Best DUI Under 21 Lawyer in Huntsville
An underage DUI conviction can have serious immediate and long-term consequences. Law Offices Of Segal & Segal will work to help you resolve your case with the fewest possible penalties.
Our firm fights to defend people all over Huntsville as well as surrounding areas that include Decatur, Albertville, Scottsboro, Athens, and New Hope. Call (256) 533-4529 or send us a message online today to have us review your case during a free legal consultation.