Under 21 DWI Lawyer in Raleigh
If you are under 21 and facing a DWI charge, act now to keep your record clean. The Coolidge Law Firm represents young people facing impaired driving charges. We will help build a strategy to attain the best possible results for your situation.
Our attorneys represent clients facing under-21 DWI offenses throughout Wake County, including Apex, Garner, Wendell, Rolesville, and Knightdale. Our clients include students at the many universities in the area, including UNC-Chapel Hill, North Carolina State University (NCSU), Duke University, William Peace University, Shaw University, Meredith College, and Wake Technical Community College. Call an under-21 DWI lawyer at our office today to schedule a free consultation to explain driver’s license consequences and next steps.
Underage DWI Lawyer in Raleigh
Students beware. North Carolina has a zero-tolerance law for drivers under legal drinking age of 21 years of age. Drivers under the age of 21 cannot drink and drive, not even a sip. A North Carolina DWI conviction under 21 can be a life-shattering event. You will be prosecuted and the consequences can be severe. You face a one-year driver’s license suspension, and in some cases an administrative license revocation, plus court costs, community service, higher insurance rates, and possible jail sentence. These DWI penalties can also limit your driving privilege and influence school discipline decisions.
Low BAC for Drivers Under 21
Under North Carolina DWI laws, operating a motor vehicle with any alcohol detected under age 21 can lead to charges.
A person 21 or older is impaired under the law if the person’s blood alcohol content (BAC) is at or over 0.08 percent.
However, under N.C.G.S. § 20-138.3, a person younger than 21 (the legal age to purchase or consume alcohol in North Carolina) cannot drive with even the slightest amount of alcohol or controlled substance in his system unless the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts.
Prosecutors cannot prove intoxication by odor alone. However, under the implied consent laws of North Carolina, you must submit to a test of your breath if requested by an officer during DWI field sobriety tests. Registering a breath test with any level of blood alcohol content will lead to criminal charges and possible license suspension.
An arresting police officer may also request field sobriety tests and other sobriety tests; even a very low BAC can trigger a case under this zero-tolerance scheme. Even in first-offense drunk driving cases, very low blood alcohol levels can lead to DWI charges under North Carolina DWI laws.
Consequences of a DWI Charge for a Young Person
A DWI conviction for a person younger than 21 carries the same penalties, including jail time, probation, fines, license suspension, and ignition interlock device requirements, that the same conviction would carry for a person older than 21. These outcomes affect your driver’s license and driving record, and some students must complete a substance abuse assessment. Courts may require substance abuse education and a documented substance abuse assessment.
North Carolina law divides impaired driving charges into six levels determined by mitigating factors, aggravating, and grossly aggravating factors. If found guilty, penalties affect your driver’s license and can increase jail time exposure when aggravating factors exist. Being underage is not one of these factors.
Mitigating factors include low BAC, safe driving, and a record free from serious infractions. Aggravating factors include a BAC at or above 0.15, prior DWI convictions, reckless driving, or negligent driving causing serious injury in an accident. A prior DWI conviction in the past seven years is a grossly aggravating factors.
Some of the universities and colleges in the area, including North Carolina State University, UNC-Chapel Hill, and Duke University, may pursue disciplinary action for criminal allegations. All students may face a student conduct board at their school in addition to their underage DWI offense, and ultimately be asked to leave campus.
One of the most serious consequences of a DWI in North Carolina is having a permanent criminal record. In North Carolina, DWI convictions cannot be expunged, meaning the charge will remain on your record for life. This can make it more difficult to apply for jobs, obtain professional licenses, or gain admission into certain colleges and universities.
Many potential employers conduct background checks, and a DWI conviction may raise red flags, especially for positions that require driving, working with the public, or holding a security clearance. Certain industries, such as healthcare, law enforcement, education, and commercial driving, have strict policies regarding alcohol-related offenses, potentially disqualifying you from employment in these fields.
For students, an under-21 DWI can affect scholarships, financial aid, and college admissions. Some schools have policies against admitting students with criminal convictions, and certain scholarship programs may be revoked due to an underage DWI offense. A conviction can also raise insurance rates and follow your driving record into internships and licensing applications.
Challenging DUI Test Results for Underage Drivers
In a typical under-21 DWI stop, officers ask the driver to take a chemical test. Prosecutors use the BAC reading as evidence to prove the driver was impaired. The driver may refuse the test.
A driver under 21 cannot legally have any alcohol in his system. The BAC in an under-21 DWI arrest may be very slight, even as low as 0.01 or 0.02. A poorly calibrated or cleaned testing device could produce such a result for someone who had not consumed any alcohol.
Our team in Wake County hires our own expert to challenge police procedures for BAC testing. A defense attorney or DWI defense attorney can challenge the BAC reading, the stop, and the procedures used by the police officer in your DWI case.
How Raleigh DWI Attorneys Can Help
Facing an under-21 DWI charge in North Carolina can have serious consequences, including license suspension, fines, and a permanent criminal record. A skilled Raleigh DWI attorney can provide the legal guidance and defense strategies necessary to help protect your future.
Legal Guidance and Case Evaluation
An experienced DWI lawyer will first evaluate the specific circumstances of your case by reviewing the details of your arrest, including whether the officer had probable cause to conduct the traffic stop, how the breathalyzer or field sobriety tests were administered, and whether your constitutional rights were violated.
If there were procedural errors or issues with the evidence, your attorney may be able to challenge the charges with potential defenses, and seek a dismissal or reduction.
We also explain how outcomes may impact your driver’s license or eligibility for a limited driving privilege in Wake County courts.
Challenging Evidence
DWI arrests must follow strict legal protocols, and any missteps by law enforcement can be used in your defense. Your attorney may challenge the legitimacy of the traffic stop, question the accuracy of breathalyzer results, or argue that your rights were violated during the arrest. They can examine and argue for any potentially aggravating and mitigating factors in your case.
If the evidence against you is weak or improperly obtained, your attorney can work to have the charges dropped or reduced, or negotiate with the district attorney to address court costs and collateral license issues.
Negotiating
Even if a dismissal is not possible, a skilled lawyer can negotiate with prosecutors for a reduced charge or alternative sentencing options. This may include limited driving privileges, alcohol education programs, or community service in place of harsher penalties like jail time. These options can significantly lessen the impact of a conviction on your life.
Where appropriate, we pursue agreements that reduce exposure to driver’s license suspension or administrative license revocation.
Protecting Your Future
A DWI conviction can affect college admissions, employment opportunities, and professional licensing, making it crucial to take the charge seriously. A knowledgeable attorney will work to minimize these long-term consequences, helping you move forward without a permanent record affecting your future.
If you or a loved one has been charged with an under-21 DWI in Raleigh, seeking legal representation as soon as possible is critical. An experienced attorney can provide the defense strategy needed to fight the charges and protect your future.
FAQ: Underage Drinking and Driving
What is the legal blood alcohol concentration (BAC) limit for drivers under 21 in North Carolina?
In North Carolina, there is a zero-tolerance policy for underage drinking and driving. Any driver under 21 who is found to have any detectable amount of alcohol in their system while operating a vehicle can be charged with an Underage DWI or Driving After Consuming Alcohol While Under 21 (NCGS § 20-138.3).
Will my license be suspended if I am convicted of an underage DWI?
Yes. A conviction for underage DWI results in a mandatory one-year license suspension. In some cases, you may be able to obtain limited driving privileges, but this depends on the circumstances of your case.
Can I be arrested for an underage DWI even if I’m not impaired?
Yes. Under North Carolina’s zero-tolerance law, an underage driver can be charged if any amount of alcohol is detected, even if they are not impaired or their BAC is below 0.08%.
What happens if I refuse a breathalyzer test?
Refusing a breath test or chemical BAC reading results in an automatic one-year license revocation and separate driver’s license consequences under North Carolina’s implied-consent law. This suspension applies regardless of whether you are convicted of DWI.
Can an underage DWI be expunged from my record?
In most cases, a DWI conviction cannot be expunged in North Carolina. However, if the charge is dismissed or you are found not guilty, you may be eligible for an expungement.
Do I need a lawyer for an underage DWI charge?
Yes. A lawyer can help you understand your rights, explore possible defenses, and work to minimize the impact of a DWI offense charge on your future. An attorney may be able to challenge evidence, negotiate reduced penalties, or help you obtain limited driving privileges.
Speak to a DWI Defense Attorney for Drivers Under 21!
If you are younger than 21 and charged with driving after consuming alcohol or illegal drugs, you may be able to keep a clean driving record. Your best chance at achieving this is hiring a highly skilled Raleigh underage-DWI lawyer to fight for your rights. Call the Coolidge Law Firm today at (919) 239-8448 or fill out the contact form below so we can begin developing your defense strategy. We will help you in court and at your school if the need arises. Do not hesitate. Call today for a free consultation.
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