Being arrested for driving under the influence (DUI) in Omaha can be a life-changing event. Most adults don’t know what to do in this situation, how to respond to the police officer’s requests, or what their legal rights are in general.
Being arrested for DUI as a driver who is too young to legally drink alcohol is even more complicated. If you are facing a DUI charge and you are under 21, talk to an Omaha underage DUI lawyer at Berry Law to learn more about what you can expect from the court system and the possible repercussions you might face.
While all DUI cases contain similar elements, there are some differences in a DUI case when the defendant is under the age of 21. For example, adults can be charged with DUI when their blood alcohol content limit is 0.08% or greater. However, a person under 21 can be charged with impaired driving when their blood alcohol content is only 0.02% or more.
If you are under the age of 21 and have been charged with driving under the influence of alcohol or drugs, you should reach out to an experienced DUI attorney from Berry Law as soon as possible. Our dedicated Omaha underage DUI attorneys understand the special circumstances involved in underage cases. Our legal team can help gather important evidence, analyze the circumstances surrounding your arrest, and advocate for the most favorable resolution to your case.
How Do Police Officers Determine if an Underaged Driver is Impaired?
The factors used to determine impairment in an underage driver are the same ones used for an adult. Some of the factors law enforcement will look at to assess impairment include:
- If the individual was actually in control of the vehicle
- Did the driver fail any field sobriety tests
- Did the driver show any physical signs of impairment or confess to drinking or using drugs
- Breath and/or blood alcohol or drug test results
Before any evidence is allowed in an underage DUI case, the initial stop and arrest must be examined. If the police officer did not have probable cause to stop your vehicle or arrest you for DUI, all related evidence may be challenged. A skilled underage DUI attorney will review the details surrounding your stop and arrest to determine if you have grounds to dismiss your case or reduce the charges to a lesser infraction.
If the traffic stop and arrest are solid, our experienced Omaha DUI lawyers can help gather evidence and find supporting caselaw to help build a strong defense to achieve the best outcome possible in your situation.
What to Expect in an Underage DUI Case
Underage DUI cases are filed in the county court in Omaha. When someone is under the age of 18 or 21 and charged with a DUI, they will be arraigned and charged just like an adult. However, if the accused is under 18, they will initially be sent to the youth center instead of regular jail.
Underage DUI cases are usually prosecuted more vigorously because of the driver’s young age. Prosecutors have a tendency to treat underage DUI offenders more harshly than adults because they have violated more than one serious law at such an early age. Many prosecutors try to set an example with underage DUI offenders and scare them into never drinking and driving again.
As an underage DUI defendant, you should also understand that you could be facing a more severe sentence due to the way that underage DUI cases are treated by prosecutors and judges. Therefore, if you are an underage DUI defendant, it’s crucial that you work with an aggressive criminal defense lawyer from the start.
Underage DUI Penalties
If you are a defendant and you are under 18, you might faces three months in jail, confiscation of your driver’s license, and you may be required to attend an alcohol education class. If you are older than 18 but younger than 21, you may still faces similar penalties. A person facing an underage DUI charge could also expect to pay expensive fines if convicted.
It is imperative for young defendants to work with an accomplished underage DUI lawyer in Omaha who is familiar with the juvenile justice system, local prosecutors and judges, as well as the police. A dedicated DUI attorney could help mitigate the charges or have the case dropped with the right evidence and solid legal arguments.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Contact an Omaha Underage DUI Attorney at Berry Law Today
If you are facing an underage DUI charge in Omaha, you need to hire a local attorney who understands the local court system, how the local prosecutors prepare their cases, and how the judges treat underage defendants. The Omaha underage DUI lawyers at Berry Law understand local court rules, procedures, and case requirements. Our well-versed legal professionals are trained to navigate the complexities of the legal system and provide the best defense possible for our clients.
If you are facing charges for driving while under the influence and you are under the age of 21, contact the skilled DUI lawyers at Berry Law today. Let our team of experienced attorneys fight for you. The sooner you contact our law firm, the sooner we can begin building a defense for you.