The flashing lights of a police car in the rearview mirror can make anyone’s heart race. But when it’s your teenage child being pulled over and facing a DUI charge, the fear and uncertainty are magnified. How will this affect their future? What happens to their driver’s license? And what can you do as a parent to help them through this difficult situation?
Georgia has some of the strictest DUI laws in the nation, especially for drivers under the age of 21. The state’s zero tolerance law makes it illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) of 0.02% or higher (O.C.G.A. § 40-6-391(k)(1)).
For reference, a 0.02% BAC equates to about one drink for most people. This extremely low limit means that even a single beer or glass of wine puts an underage driver at risk of a DUI arrest.
The legal consequences of an underage DUI conviction are severe. In addition to the license suspension discussed below, penalties may include:
These penalties can vary based on factors like your child’s BAC level, whether they have any prior offenses, and whether they are charged as a juvenile or an adult (17 or older).
One of the first and most stressful consequences of an underage DUI arrest is the administrative license suspension (ALS). Regardless of whether your child is ultimately convicted in court, the officer can initiate an administrative license suspension if they fail or refuse a BAC test.
For drivers under 21, the ALS period for a first offense is up to 1 year (O.C.G.A. § 40-5-67.2(d)(1)(A)). The suspension begins 45 days after the arrest unless your child requests an ALS hearing within that timeframe.
An ALS hearing is separate from the criminal proceedings. It’s an opportunity for your child’s attorney to contest the license suspension. If no hearing is requested, or if the hearing is not successful, the suspension goes into effect.
Your child may be able to obtain a restricted driving permit during the ALS period if the allegation is a test over the legal limit. This hardship permit allows them to drive to certain essential places like school, work, medical appointments, and support group meetings.
To qualify for a restricted permit, your teenager must:
If approved, the restricted permit allows limited driving for the remainder of the original suspension. However, if your child is later convicted of a DUI before turning 21, then they will lose their permit and a license suspension without a permit.
Additionally, if the allegation is that the under 21 driver refused the state administered chemical test, then there is no permit available.
Trying to handle the legal system after an underage DUI charge is not something you or your child should attempt alone. There is simply too much at stake. An experienced DUI defense attorney who regularly handles underage DUI cases, whether in adult or juvenile courts, will be your most valuable asset and advocate.
Your attorney can:
When your child’s future hangs in the balance, you want an attorney who not only has legal experience but also truly understands the unique challenges that young people face when charged with a crime. Look for a lawyer with a track record of successfully defending teenagers and young adults.
At Ghanouni Teen & Young Adult Defense Firm, we have a proven track record of successfully defending people in their teens and twenties.
At Ghanouni Teen & Young Adult Defense Firm, we have dedicated our practice to defending the futures of young people facing criminal charges in Smyrna, Marietta, Kennesaw, and throughout Cobb County, and surrounding counties. We understand how overwhelming and stressful this time is for your entire family. That’s why we offer compassionate support and relentless advocacy to achieve the best possible outcome for your child.
When you contact our firm, our first priority is determining whether we’re a good fit to work together. We’ll take the time to understand your child’s case, address your concerns, and explore defense strategies that align with their unique needs. Our focus is always on minimizing both short-term and long-term consequences to help your child move forward in a positive direction.
Don’t let one mistake derail your child’s bright future. Contact our team to discuss how we may be able to help.
Ghanouni Teen & Young Adult Defense Firm
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