Underage DUI Defense

Pennsylvania maintains strict laws to discourage minors from driving while under the influence of alcohol or drugs (DUI).  Underage drivers convicted of DUI in Pennsylvania may face mandatory incarceration, fines, court costs, suspension of their driving privileges and a permanent criminal record.

Adverse Consequences of an Underage DUI Conviction

A conviction or adjudication of delinquency for an underage DUI offense can cause long-lasting damage to a young person’s personal and professional prospects. A young person may have difficulty finding employment in his or her chosen profession if he or she has a record for an underage DUI offense.  A DUI record can also disqualify an otherwise qualified person from receiving a professional license or certification in certain occupations.

Underage DUI offenders may be required to disclose an adjudication or conviction for DUI during the admission process for colleges, universities and graduate schools. It is important to have a knowledgeable and dedicated DUI defense attorney on your side if you are charged with an underage DUI offense.

Bucks County Underage DUI Defense Attorney

I have over a decade of experience providing skilled and aggressive representation to individuals charged with underage DUI in Bucks County, Montgomery County and the surrounding counties.  Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.  Appointments are available after business hours and on weekends.

Minors Driving with any Alcohol in their Systems

Pennsylvania has a separate law that specifically addresses a situation in which a minor operates a vehicle after consuming alcohol.  The police may charge this offense when a minor is operating a motor vehicle with a blood alcohol content (BAC) under the legal limit for an underage DUI offense.  Under 75 Pa. C.S.A. § 3718, it is illegal for a minor to drive, operate or be in physical control of any vehicle while having any amount of alcohol in his or her system.

Penalties

• Summary offense
• $100 fine
• 3-month driver’s license suspension

Pennsylvania’s Zero Tolerance Underage DUI Law

Pennsylvania has established a zero-tolerance law for underage DUI offenders.  The law sets severe penalties for underage drivers who operate a vehicle while having any measurable level of alcohol in their systems.  An underage driver is presumed to be operating a vehicle under the influence of alcohol if his or her BAC is .02% or greater.

Pennsylvania’s Underage DUI Law

Under 75 Pa. C.S.A. § 3802 (e), it is illegal for a minor to drive or operate a motor vehicle, or to be in actual physical control of the motor vehicle’s movement, if the alcohol concentration in the minor’s blood or breath is .02% or higher within two hours after the minor has driven or operated the motor vehicle or been in actual physical control of the vehicle’s movement.

The statute defines a minor as an individual younger than 21 years of age. The alcohol that the minor ingests can include all types of alcoholic drinks as well as cough drops and cough syrup. It is not a defense that the minor was legally entitled to consume the substance causing the elevated BAC.

 

Other Possible DUI Charges for Minors

Most underage DUI charges involve cases with a BAC reading of .02% or higher.  Depending on the circumstances, a minor may be charged with DUI under other sections of the Pennsylvania DUI law, including:

• DUI after consuming alcohol which renders driver incapable of safe driving
• DUI with certain Schedule I, II, or III controlled substances in blood
• DUI with drugs in blood which impairs safe operation of the vehicle
• DUI with a combination of drugs and alcohol impairing safe operation of the vehicle
• DUI with a refusal of breath testing

Juvenile Court for Underage DUI Offenders

Individuals who are younger than 18 at the time of their DUI arrest will be adjudicated through the juvenile court system in the county where the offense occurred.  Generally, the filing of a juvenile court petition initiates juvenile court proceedings for an underage DUI charge.  Unlike the adult criminal justice system, the juvenile court system focuses primarily on rehabilitating the youthful offender.  I am highly experienced in the juvenile court hearing process and procedures in Bucks County, Montgomery County and the surrounding suburban counties.

Juvenile Court Diversion Program for DUI

The juvenile probation department may recommend that a 1^st offense juvenile DUI case be placed into the consent decree program. Under a consent decree agreement, the DUI charges will be placed on hold for six months while the juvenile completes the program’s terms and conditions.  In addition, the district attorney must agree to placement of the juvenile’s case on a consent decree.  A consent decree agreement can be extended for up to 6 months.

Consent Decree for Juvenile DUI

Individuals who successfully complete the conditions of the consent decree program are eligible to have the records of their case destroyed through the Pennsylvania criminal record expungement process.  The expungement process is begun through the filing of an Expungement Petition in the Court of Common Pleas in the county where the juvenile charges were filed.  I can assist you with the expungement court process if you have successfully completed a consent decree program for a juvenile DUI offense.

Consent Decree for Juvenile DUI	Conditions
Minors (under 18) General Impairment High Rate of Alcohol Highest Rate of Alcohol Controlled Substances Controlled Substances and Alcohol No vehicle accident or bodily injury or serious bodily injury to victim Consent Decree eligible if the case is a 1st offense and the District Attorney approves	– 6-month “hard” license suspension -12-month consecutive ignition interlock requirement – Payment of juvenile court costs – Drug and alcohol assessment – Drug and alcohol treatment if ordered by the court – Supervision for 6 months by juvenile probation unless   extended by the court for no more than 6 months – Community service – Additional conditions if ordered by the court

 

Accelerated Rehabilitative Disposition for Underage DUI

The ARD program is available to 1^st time, non-violent offenders facing DUI charges in the adult criminal court system.  The ARD program is offered to eligible underage DUI offenders who are 18 years of age or older.  Individuals admitted into the ARD program are placed on probation and must meet certain court-ordered conditions, including completion of a Court Reporting Network (CRN) evaluation, drug and alcohol treatment, community service and payment of restitution and court costs.

ARD program participants must remain arrest-free during the duration of the program.  I can assist you with the admission and application process if you qualify for qualify for the ARD program for your underage DUI offense.

ARD License Suspension

In general, ARD admission for DUI-related offenses greatly reduces the length of a driver’s license suspension.  ARD-eligible individuals who were younger than 21 years of age at the time of their arrest are subject to a 90-day suspension of their driving privileges.  Individuals who are subject to the 90-day ARD driver’s license suspension are immediately eligible to apply for an ignition interlock license.  Drivers approved for the ignition interlock license will be able to avoid the suspension of their driving privileges.  The ignition interlock device installation is not mandatory for persons being placed on ARD.

ARD Program Requirements

If ordered by the court, ARD-eligible DUI candidates must pay court costs, complete community service and participate in alcohol highway safety classes and drug and alcohol treatment if required.  The district attorney will dismiss the DUI charges at the end of the ARD probationary period if all of the conditions of the program have been accomplished.

ARD Expungement for Underage DUI

An individual who successfully completes the ARD program for underage DUI can petition the court to have the records of the case destroyed through the expungement process.  I have a thorough understanding of the specific requirements for ARD admission in Bucks County, Montgomery County and the surrounding counties.  I will help you with every step of the application process and other pre-admission requirements to ensure that you have the strongest chance for admission into this program.

Underage DUI Defenses

The type of DUI defense available to you will depend on the circumstances of your case.  Developing the appropriate DUI defense is a comprehensive and intensive process.  I will start by interviewing you about the circumstances of your arrest both before and after your contact with the police.  I will thoroughly investigate the facts and circumstances of your case to identify the strongest possible defense to the charges.  Review the most frequently asked DUI questions.

DUI Defense Investigation

I will often use an independent defense investigator to interview witnesses and acquire evidence supporting a legal defense to the DUI charges.  Medical records, video surveillance and police dash-cam and body-cam video can often be used to rebut the prosecutor’s evidence in a DUI trial.  I may also consult with experts in the fields of toxicology, pharmacology, police practices and procedures and accident reconstruction.  To successfully challenge an underage DUI charge in court, a number of defenses may be available, including:

• Challenging the legality of the vehicle stop
• Challenging the legality of the arrest
• Challenging the legality of any search and seizure of blood evidence
• Challenging the reliability and accuracy of field sobriety testing
• Challenging the accuracy of the blood test results
• Challenging the reliability of the lab testing procedures
• Challenging the admissibility of any statements given to the police

When a dismissal or acquittal on the charges is not possible, I am often able to negotiate a reduction in the charges, resulting in significantly reduced penalties.  I will review the evidence in your case to determine the most effective defense strategy.  I can help you if you are facing an underage DUI charge.

Start with a Strong Defense

If you have been charged with an underage DUI in Bucks County, Montgomery County or the surrounding counties, you must act quickly to protect your rights and build the strongest possible defense against the charges.  Phone lines are open twenty-four hours a day at (215) 752-5282.  Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.