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Every state in the country takes a harsh approach to preventing and prosecuting drunk driving, especially by people under the age of 21. Even by those standards, Minnesota state laws are stringent in how they define “driving under the influence” (DUI) for people under the legal drinking age.
Similarly, there are harsh consequences that courts can impose against young people convicted of this offense in adult criminal court or adjudicated guilty in juvenile court. It is crucial to seek help from a Golden Valley underage DUI lawyer as soon as possible after police press charges against you or your child. The sooner you act, the better your chances of a favorable outcome.
Beyond helping you understand and enforce your legal rights, your dedicated DUI defense attorney could also fight on your behalf to ensure your case has the best resolution possible with minimal long-term repercussions. Call our law office today to schedule an initial consultation.
Minnesota addresses underage drinking and driving through what is colloquially called the “Not-A-Drop Law,” formally codified in Minnesota Statutes § 169A.33. In most states, drivers under 21 can be arrested for and convicted of DUI if they are pulled over with a blood alcohol concentration of 0.02 percent or more, but under the Not-A-Drop Law, a driver under 21 found with any BAC above 0.00 percent can potentially be prosecuted for an underage DUI offense.
Someone found or adjudicated guilty of underage DUI under this law is subject to a 30-day license suspension for a first offense and a 180-day license suspension for a second offense.
Additionally, violations of the Not-A-Drop Law are technically classified as misdemeanors, carrying maximum criminal sanctions of a $1,000 fine and a 90-day jail sentence—penalties that a Golden Valley underage DUI attorney could provide essential assistance with avoiding.
Because the Not-A-Drop Law is zero-tolerance, it is far from unheard of for young drivers to be arrested for underage DUI based on a tainted or otherwise flawed BAC test result. For example, a positive result could come from mouthwash or a particular type of medication rather than alcohol consumption.
Guidance from a skilled attorney could be essential to proactively contesting evidence used to justify an underage DUI arrest in Golden Valley based on less-than-sturdy grounds like these.
Depending on the circumstances, a lawyer may also be able to petition the court to use mandatory alcohol and substance abuse education as an alternative to criminal prosecution. These programs, known as ‘diversionary programs, ‘are designed to educate and rehabilitate offenders rather than punish them.
Participation in programs like this is limited and comes with many terms and conditions, so it is always worth discussing this option during a private consultation before committing to it. However, this could provide a hopeful alternative to the harsh penalties for DUI charges.
How state authorities enforce underage drinking and driving laws can be harsh, unsubtle, and sometimes even a bit overzealous, especially for teenagers with no prior criminal records.
Fortunately, you have support from a knowledgeable Golden Valley underage DUI lawyer who could handle situations like yours proactively and effectively. Call our law office today to speak with a representative about your case.