Experienced Raleigh Lawyers for Under 21 DWI Charges
In North Carolina, any amount of alcohol in a person under the age of 21 who is driving a vehicle is grounds for an underage DWI charge under the “Zero Tolerance Law” (NC G.S. 20-138.3). This law has strict penalties for underage DWI, though the specific charges and penalties depend on the amount of alcohol detected.
Underage DWI is a Class 2 misdemeanor charge that applies if a driver under 21 is found to have any amount of alcohol in his/her system. The driver does not need to be impaired to be convicted. An officer can make an arrest based on any evidence of alcohol, including the odor of an alcoholic beverage, if the driver refuses a chemical test.
If an underage driver has a blood alcohol concentration (BAC) of 0.08% or higher, or is “appreciably impaired” by any substance, they can be charged with a standard Driving While Impaired (DWI) offense, the same as an adult.
Benefits of Hiring the DWI Lawyers at Sandman, Finn & Fitzhugh
When you hire the DWI attorneys at Sandman, Finn & Fitzhugh, you can expect
- Over 3,000 DWI cases defended: bringing deep experience to every client’s situation
- 1000’s of DWI charges dismissed: attributed to strategic, aggressive defense
- Comprehensive expertise in license-related matters: including limited driving privileges, ignition interlock compliance, and DMV license restoration
- Trial-ready representation: unlike many attorneys who default to guilty pleas, we are fully prepared to take your case to trial when it’s in your best interest
- Former Assistant District Attorney: with firsthand knowledge of how the prosecution builds DWI cases
Penalties for Underage DWI Charges
- License Revocation: Immediate 30-day revocation from the NCDOT Department of Motor Vehicles, even before a conviction. A conviction leads to a one-year license revocation, though an 18-year-old with no prior DWI record may apply for limited driving privileges.
- Criminal Penalties: Underage DWI is a Class 2 misdemeanor.
- Fines: Up to $1,000 in fines, plus additional court fees and DWI school costs.
- Jail Time: Up to 60 days in jail for a first offense, though judges may assign probation, treatment, or community service instead.
- Criminal Record: The offense will result in a criminal record, which can impact future employment and loan applications.
- Increased Insurance Rates: Your auto insurance rate will increase significantly.
Ramifications for Refusing Breath Testing or Blood Testing in During a DWI Stop
If an officer suspects a driver under 21 is under the influence, they may request a breath or blood test. A refusal to submit to a breath or blood test results in an automatic one-year license revocation, with no allowance for limited driving privileges. Even with a refusal, police can still bring charges based on other evidence, such as the smell of alcohol on the driver’s breath.
Limited Driving Privilege After Underage DWI Charges
Whether a limited driving privilege is possible depends on the specific charges and the driver’s age.
- Driving after Consuming Only: A limited driving privilege may be available for drivers aged 18 to 20 with no prior convictions for this offense.
- Standard DWI: No limited driving privilege is available for an underage driver convicted of a standard DWI.
Long-Term Consequences of Underage a DWI Conviction
An underage DWI conviction can have significant long-term effects beyond the criminal penalties.
- Criminal Record: A conviction results in a criminal record that cannot be expunged if the driver was 18 or older at the time of the offense.
- Increased Insurance Rates: A conviction can lead to a substantial increase in insurance premiums.
- Impact on Education and Employment: An underage DWI can affect college admissions, eligibility for scholarships, and future job opportunities.
Steps to Take If You Are Charged with an Under-21 DWI
First, you should hire an experienced criminal defense attorney as soon as possible. This is crucial to help mitigate the consequences of an underage DWI.
Be aware that refusing a chemical test is an implied consent offense. While you can refuse a field sobriety test, you must submit to a blood or urine screening.
Contact Raleigh DWI Lawyers at Sandman, Finn & Fitzhugh for a Free Consultation
With the stringent penalties for an underage DWI in North Carolina, it is imperative to seek legal representation immediately from an experienced under-21 DWI lawyer. Contact the attorneys at Sandman, Finn & Fitzhugh immediately at (919) 845-6688 or fill out our online contact form.