If the defendant was under 21 at the time of arrest, the case is much easier to prove in court, and the potential punishment is much worse.
Morally, a Section 40-6-391 infraction is a double offense. Most people believe that “drunk drivers” are irresponsible people who care little about the health and safety of others. Most people also believe that underage drinkers are reckless people who party like it’s 1999 without any thought of the consequences.
Fortunately, a court of law is not a church, mosque, or synagogue. Morality, or the lack thereof, doesn’t matter. The facts, or the lack thereof, are all that counts.
A Marietta criminal defense lawyer focuses on the facts of the case in general, and the evidence the state presents in particular. Although underage DUIs are easier to prove, the evidence is still subject to legal challenges. If a Marietta criminal defense lawyer sufficiently erodes key evidence, the defendant is not guilty as a matter of law.
Initial Stop
In most cases, an underage DUI starts the same way as a standard DUI. Usually, an officer detains the defendant for an unrelated traffic violation, such as speeding. Then, the officer looks for physical signs of alcohol use, such as:
- Unsteady balance,
- Slurred speech,
- Slow reflexes,
- Bloodshot eyes, and
- Odor of alcohol.
Individually, these physical symptoms prove little. But due to the low investigative burden of proof, the whole is greater than the sum of the parts. Legally, the officer must only have reasonable suspicion, or an evidence-based hunch, for both the stop and the investigation.
Cart-before-the-horse traffic stops are usually illegal. If the defendant didn’t look right to the officer, for whatever reason, and the officer followed the defendant until s/he committed a traffic violation, that constitutes a hunch justified by subsequent evidence. Legally, the officer may only draw conclusions about facts and not the other way around.
Furthermore, the DUI interrogation is a custodial interrogation because, when an officer is peering through the window, most people don’t reasonably feel free to leave. As a result, the Fifth Amendment could apply. Any evidence, including witnessed evidence, obtained in violation of the Fifth Amendment could be inadmissible in court.
Underage DUI and Probable Cause
Once again regardless of age, the field sobriety tests usually establish probable cause, or the lack thereof, in a DUI case.
Once upon a time, officers could force defendants to take crazy tests that usually held up in court. Today, Cobb County judges usually only consider the three approved FSTs, which are:
- Horizontal Gaze Nystagmus (follow-the-light DUI eye test),
- Walk and Turn (heel-to-toe walk), and
- One-Leg Stand.
An officer’s subjective opinion that the defendant “failed” one or more FSTs is normally sufficient to establish probable cause. So, unless the defendant refused to perform these tests or officers didn’t administer them, probable cause usually isn’t a major issue in an underage DUI case.
This point deserves reinforcement. The aforementioned Fifth Amendment gives defendants the right to refuse to perform FSTs.
A refusal usually means an arrest. But, if the underage DUI law enforcement contact gets to this point, an arrest is probably inevitable no matter what.
FST evidence firmly establishes probable cause. But it does not prove guilt beyond any reasonable doubt. Some FST evidence is too general. Bill may not be able to walk heel to toe because he’s drunk, clumsy, tired, and/or nervous. Other evidence is weak as a matter of law. For example, most Cobb County judges won’t consider HGN results as evidence of intoxication.
Proof Issues
Starting at this point, underage and general DUIs sharply diverge, especially if the defendant provided a chemical sample. If the defendant was under 21 at the time, the legal limit is 0.02, which is basically a trace amount of alcohol. Even a champagne toast at a wedding might be enough to clear this low threshold.
To use Breathalyzer evidence, a Cobb County prosecutor must prove device reliability and sample accuracy.
Poorly-maintained devices are not reliable devices. Furthermore, if the police department doesn’t routinely pull broken Breathalyzers, reliability is an even bigger issue. Test conditions could affect sample accuracy. For example, if the defendant burps before the test, alcohol particles in the stomach gush into the mouth and skew the results.
Enhanced Underage DUI
Since we’re already discussing one enhancement, we should discuss others as well. DUI prosecutors are normally very aggressive. If they find any evidence to support one enhancement, they’ll often add others as well. These enhancements include:
- Minor Passenger: This enhancement is very common in U21 DUIs. Young drivers often have young passengers. This DUI enhancement often triggers other criminal charges as well, such as child endangerment.
- DUI Collision: Proof, specifically the driver’s identity, is often an issue in these matters. If multiple people were inside the vehicle, it’s hard to pinpoint the driver after the fact, unless officers find a reliable eyewitness or someone spills the beans.
- High BAC: The aforementioned test issues are especially critical in high BAC underage DUIs. A couple of degrees of inaccuracy could be the difference between relatively light punishment and extremely serious punishment.
Prosecutors use enhancements for an additional “shock and awe” effect which they hope distracts a Marietta criminal defense lawyer from the underlying issues in the case. We discussed the primary issues above. A few others are available as well.
Jurisdictional issues are a good example. Cobb County judges only have jurisdiction over Cobb County cases. If a Fulton County DUI finds its way to a Cobb County courtroom, prosecutors could dismiss the Cobb County case and start over in Fulton County. However, in many cases, they’d rather deal the case away.
Resolving the Case
As mentioned, the penalties for a first-time underage DUI are higher than the penalties for adult cases. These harsher penalties include:
- $500 minimum fine,
- Drivers’ license suspension, and
- Mandatory IID (ignition interlock device) requirement.
Additionally, during sentencing, a Leesburg criminal defense lawyer must deal with the aforementioned moral implications of DUI. Judges and jurors have lots of sentencing discretion in Georgia.
Successful resolutions are available in these cases, including pretrial diversion and deferred disposition. These outcomes enable defendants who complete program requirements to walk out of court without criminal convictions on their permanent records.
Underage DUIs often don’t hold up in court. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
