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Virginia Underage DUI Case Process

When someone under the age of 21 is pulled over for suspected driving under the influence, there are potentially severe consequences. The person could be convicted of a DUI and underage drinking so it is a serious charge. The penalties for underage drinking and driving are severe because prosecutors and judges do not want the person to do it again. The Virginia underage DUI case process is similar to a standard drunk driving case but the added element of underage drinking.

If you are underage and had any alcohol consumption before getting behind a vehicle, it is imperative that you speak with a skilled and dedicated underage drinking and driving attorney. Typically a judge will not give leniency to a DUI charge for someone under the age of 21 because they want to ensure that you will not do it again.

Initial Stop

When an individual is pulled over, the officer is probably going to try to be friends with them. An officer may ask if the individual has had any alcohol. Law enforcement officials will try to get the person to admit that they had been drinking. This is because the officer knows that if they have been drinking illegally, the officer can arrest them for a DUI and potentially convict them.

If an individual has been pulled over, they should not try and talk to the police officer. Law enforcement will try to get the person to admit to any alcohol consumption, which is usually illegal. This can lead to a conviction under the statute if the person admits to any alcohol in the person’s system.

Collecting Evidence

Typically if someone has been pulled over, law enforcement will go through the entire Virginia underage DUI case process. An officer will give a sobriety test and walk the person through everything because in this situation, even if the person admits to taking in alcohol and the person blows in the PBT, they might not give the person the correct breath test. The law enforcement officials need to gather evidence against the person. Anything the person does or says in front of the officer can be used against them in court. A person might be doing the field sobriety tests normally that will culminate in an arrest.

Sometimes, if a person is already at their house or if the person is with their parents and they are near their house, they will drive them home and they will give them the summons to return, and they will impound the person’s car and tow the car, but usually they will arrest the person and then make the person’s parents come pick them up and make somebody come pick them and then they will go ahead and set it for an arraignment if they are letting the person out on a bond. Usually, from there, it will proceed like a regular DUI. From arraignment to the trial date, the person will get an attorney and they will do a discovery process. Then after the trial date, the person will either be able to appeal or they will have to serve out the sentence.

Penalties for Underage Drinking and Driving

Prosecutors and judges take underage DUI seriously. It is normally a situation where they are trying to scare the person from doing it again. The Virginia underage DUI case process has severe and harsh penalties to discourage the person from doing it again. They frankly do not care if the person has a DUI on their record as a result of it; they want the person to not do it again and to be scared straight. They often go ahead and attach jail time to these.

Depending on how much alcohol was in the person’s system, they could potentially break it down to a reckless driving conviction, again, potentially with some jail time depending on the person’s circumstances to put them in a little bit of a break but they are going to want a conviction; it is not going to go away. It is not like the person can make a call and they will get rid of it because the person is a young kid. They do take it seriously and they want the person to learn a lesson from it.

Hiring a Lawyer

When someone under the age of 21 is pulled over for driving under the influence, they can face several charges. The Virginia underage DUI case process is specific for these types of situations. Depending on the amount of alcohol that was detected in the person’s system can influence the consequences of the charge. It is essential that the person consults with an experienced local attorney who understands the severity of these charges.

If you are facing underage drinking and driving charges, it is imperative that you speak with a skilled and dedicated lawyer. Prosecutors and judges take underage driving under the influence charges seriously and want to ensure the person will not do it again.

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