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Juveniles and DUIs: Juveniles Are Subject to a Lower Blood Alcohol Content than Adults

Interviewer: I want to ask about DUI charges and how does that work with juveniles?

Adam: Well, it can become an issue.  It depends on which court they’re in.  What the level of the violation was, but the numbers as far as the blood/alcohol content or the BAC, are lower than an adult’s. This is because first of all it’s illegal for a minor to drink or to consume alcohol.

As with other charges, various factors are taken into account. Why did this DUI charge happen?  Was it because they ran over somebody and put them in the hospital?  Was it because they crashed into a tree and just damaged the car?  There are a lot of factors that is going to go into how far a court would pursue that.

Juveniles, Technically, Can Be Guilty of Two Separate Crimes If They Are Found to be Driving While Impaired

They’re going to technically be guilty of two separate crimes at least.  The first being obviously the OVI or driving under the influence, DUI or whichever way you want to term it, and then there’s the underage consumption, but any judge is probably going to be concerned that we have an individual that’s under age and consuming alcohol.  Do they have a dependency problem?  Do they have any type of issues that they’re trying to self-medicate?

It Is Likely the Judge Will Have the Juvenile Assessed for Dependency Issues and It Is Advisable to Undergo Treatment Prior to a Court Order

They would probably refer the individual to some type of assessment.  One of the ways to head off or mitigate any penalty would be to advise that individual to get a drug and alcohol assessment before the court tells you. It is a fact they are going to attend anyway because the court is probably going to tell you that.  Taking that initiative mitigates a lot of things.  It just makes things so much easier if you go out and do that ahead of tie.

By Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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