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Underage DUI

Virginia Underage DUI Lawyers

Juvenile DUI Defense for Those Under 21 Years of Age in Hampton Roads & Newport News

In Virginia, it's unlawful for a person under 21 years of age to consume alcohol. Thus, the state has a zero-tolerance law concerning drinking and driving committed by underage drivers. The statute is referred to as "persons under age 21 driving after illegally consuming alcohol." However, it is commonly called an "underage DUI" or “baby DUI”. Don't let the name fool you: A conviction for a baby DUI can still lead to serious consequences, including jail time and/or fines. If you were charged with an underage DUI, you need a juvenile DUI attorney in Virginia on your side from the start until its conclusion.

Backed by nearly 75 years of experience, our Coastal Virginia juvenile DUI lawyers are ready to provide the compassionate yet aggressive defense you need to fight your charge. We have intimate knowledge of Virginia's DUI laws and wrote the book judges, prosecutors, and other lawyers refer to in these matters. Additionally, our attorneys are Breath Test operators, have an EC/IR machine, and have hosted a seminar on the EC/IR 2. Attorney Martin is designated an ACS-CHAL Forensic Lawyer-Scientist, and we continue our education on DUI law, allowing us to provide solid legal counsel. When you choose Tillotson & Martin, LLC, you will have a team on your side that can effectively guide you through your case, utilizing a thorough understanding of both the legal and scientific aspects of juvenile DUI charges.

We offer a free initial consultation to discuss your circumstances with our experienced juvenile DUI attorney. Call us at (757) 568-7978 today.

What Is an Underage DUI in Virginia?

A charge for an underage or juvenile DUI can be levied when a person under 21 years of age drives a motor vehicle with a blood alcohol content (BAC) at or above .02 and less than .08. This means that consuming any amount of alcohol could potentially lead to criminal accusations. The specifics of these charges can vary, often influenced by factors such as the circumstances of the arrest and the individual's record.

The law also means that an underage drinker can face harsh penalties even though their driving abilities were not impaired nor were they intoxicated. Technically, a BAC of .02 is not “under the influence”.

If the driver had a BAC of .08 or higher, they could be charged with a regular DUI and face the penalties associated with that offense.

Steps to Take Immediately After an Underage DUI Arrest

Facing an underage DUI charge can be overwhelming, but knowing the right steps to take immediately after an arrest can significantly impact your case.

Here's a quick guide to help you navigate challenging juvenile DUI situations:

  1. Stay Calm & Compliant: It's crucial to remain calm during the arrest process. Comply with law enforcement requests while being respectful. Avoid arguing or escalating the situation.
  2. Contact a Lawyer: Reach out to a juvenile DUI lawyer in Virginia as soon as possible. Early legal representation is essential to protect your rights and build a strong defense.
  3. Document Everything: Write down everything you remember about the incident. Details such as the time, location, and circumstances of the arrest can be vital for your juvenile DUI defense.
  4. Notify Your Parents or Guardians: If you are under 18, inform your parents or guardians about the situation. Their support can be invaluable during this challenging time.
  5. Understand Your Rights: Familiarize yourself with your legal rights. Knowing your rights can help you make informed decisions throughout the legal process.
  6. Prepare for Court: Work with your juvenile DUI attorney to prepare for any upcoming court appearances. Understanding the process and what to expect can alleviate some anxiety.

By taking these steps, you can better position yourself for a favorable outcome. At Tillotson & Martin, LLC, we are dedicated to guiding you through every step of the legal process and ensuring your voice is heard. Don't hesitate to reach out to us for personalized support and legal guidance.

What Are the Penalties of an Underage DUI in Virginia?

Although the offense is sometimes referred to as a baby DUI, the punishments an underage drinker could face are not small at all. The repercussions of an underage DUI are significant and require serious attention and robust defense strategies. Our juvenile DUI attorneys in Virginia understand these complexities and can help you navigate these legal waters.

The crime is charged as a Class 1 misdemeanor, which is punishable by:

  • Up to 1 year in jail
  • 1-year driver's license forfeiture from the date of the conviction
  • Up to $2,500 in fines, with a mandatory minimum of $500 - or a mandatory minimum of 50 hours of community service
  • Referral to an Alcohol Safety Action Program (ASAP)

Understanding the Impact of an Underage DUI on Your Future

Facing an underage DUI charge can be daunting, not just from a legal standpoint but also in terms of how it can affect your future. It's crucial to understand that a conviction can have long-lasting repercussions on various aspects of your life, including education, employment opportunities, and personal relationships.

Here are some potential consequences of an underage DUI:

  • Educational Consequences: Many colleges and universities conduct background checks during the admissions process. A DUI conviction could jeopardize your chances of acceptance or scholarship eligibility.
  • Employment Challenges: Employers often review criminal records when making hiring decisions. A DUI can limit job prospects and career advancement opportunities.
  • Increased Insurance Rates: A DUI conviction can lead to higher car insurance premiums, making it more expensive to maintain a vehicle and driving privileges.
  • Social Stigma: The social implications of a DUI can affect your relationships with peers, family, and community members.

At Tillotson & Martin, LLC, we understand the weight of these consequences and are committed to providing a strong defense to help mitigate the impact on your future. Our experienced team will work tirelessly to explore all avenues for your defense, aiming for the best possible outcome.

Don't let a mistake define your future. Reach out to our juvenile DUI attorneys today to discuss your situation and learn how we can help protect your rights and opportunities.

Choose Our Experienced Juvenile DUI Lawyers in Virginia

At Tillotson & Martin, LLC, we understand that facing an underage DUI charge can be a frightening and overwhelming experience. Our team of juvenile DUI lawyers in Virginia is dedicated to protecting your rights, minimizing the potential consequences, and safeguarding your future.

Why hire Tillotson & Martin, LLC for your juvenile DUI defense?

  • Extensive knowledge and experience: Our attorneys have a deep understanding of Virginia's underage DUI laws and have successfully defended numerous clients facing similar charges.
  • Personalized approach: We take the time to listen to your unique situation and tailor a defense strategy that best fits your needs and circumstances.
  • Thorough investigation: Our legal team conducts a comprehensive investigation to gather evidence, challenge the prosecution's case, and identify any potential flaws or inconsistencies.
  • Negotiation skills: We have a proven track record of negotiating with prosecutors to reduce charges, minimize penalties, or even have the situation dismissed.
  • Strong courtroom presence: If your situation goes to trial, our skilled litigators will aggressively advocate for your rights in the courtroom, presenting a strong defense on your behalf.

Don't face an underage DUI charge alone. Contact Tillotson & Martin, LLC today to schedule a consultation with one of our experienced juvenile DUI lawyers in Virginia and get the dedicated legal representation you deserve.

Contact Tillotson & Martin, LLC for Your Underage DUI Defense

If you were charged with an underage DUI, schedule a free consultation with our Coastal Virginia lawyers. With an in-depth understanding of the law and training in the science, methods, and technology used in these matters, we can provide effective defense throughout your situation. For many, facing a drinking and driving charge can be frightening and frustrating. That's why we make ourselves accessible and available to answer your questions and address your concerns. When our juvenile DUI lawyers take on a case, we bring in experts, submit the Field Sobriety and Breath Test manuals into evidence, and conduct the necessary legwork to seek a favorable outcome.

For personalized legal representation, contact our juvenile DUI attorneys at (757) 568-7978 today.

 

Frequently Asked Juvenile DUI Questions

Can an Underage Drinker Face Penalties Even if Their Driving Abilities Were Not Impaired?

Yes, an underage drinker can face penalties even if their driving abilities were not impaired. The law focuses on the blood alcohol content (BAC) level rather than impairment. A BAC of .02 or higher is considered illegal for underage drivers.

Is it Possible to Defend Against an Underage DUI Charge?

Yes, it is possible to defend against an underage DUI charge. Hiring an experienced attorney who focuses on juvenile DUI defense can help build a strong defense strategy and potentially minimize the penalties or get the charges dismissed. By speaking with defense lawyers as soon as possible, you can start to understand the range of legal options that are available to you, which is key to a proactive juvenile DUI defense strategy.

What Should I Do if I've Been Charged with an Underage DUI?

If you've been charged with an underage DUI, it's important to seek legal representation as soon as possible. Contact a knowledgeable juvenile DUI attorney who can guide you through the legal process, protect your rights, and work towards the best possible outcome for your situation. Early intervention can provide more options and open the opportunity to employ immediate defense mechanisms.

How Do Local Laws Impact Underage DUI Charges in Virginia?

In Virginia, regional differences can impact how underage DUI laws are enforced. Areas like Norfolk and Virginia Beach might conduct routine checkpoints and community outreach initiatives as part of regional safety strategies. This emphasis on practical enforcement can affect the prevalence of charges and intensify focus areas for law enforcement. It's important for those facing juvenile DUI charges to work with a local attorney who understands how local policies, judges, and prosecutors could influence their case and approach to defense.

Helpful Resources

Put Tillotson & Martin On Your Side

Why Choose Our Firm?

  • We Wrote the Book.
    We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
  • We Possess the Knowledge.
    Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
  • We Truly Care.
    Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
  • We Have the Fight to Win.

    With over 75+ years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.

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