If you have been charged with an underage DUI offense, you need experienced, aggressive legal representation. At Fabian & Young, we understand the serious consequences an underage DUI can have on your future.
Our skilled DUI defense attorneys in Oklahoma are here to protect your rights and fight for the best possible outcome in your case. Contact us today to schedule a free consultation. We will review your case, explain your options, and work to defend your rights. Call us today to get started.
Understanding Oklahoma’s Underage DUI Laws
Oklahoma has strict “zero tolerance” laws for drivers under 21. While the legal limit for adults is 0.08% blood alcohol concentration (BAC), underage drivers can be charged with DUI for any measurable amount of alcohol in their system – typically 0.01% BAC or higher.
It’s important to understand that an underage DUI is different from a standard DUI charge. The penalties may be less severe in some ways, but a conviction can still have far-reaching consequences for your future.
Potential Penalties for Underage DUI in Oklahoma
The penalties for an underage DUI conviction in Oklahoma can vary based on whether it’s your first DUI offense and your specific BAC level. For a first offense with lower level BAC, the penalties are often 6 months of driver’s license suspension, a monetary fine, community service, and mandatory completion of a substance abuse program.
However, for higher-level BACs and subsequent offenses, you could face jail time, stiffer fines, a mandatory substance abuse program, extended license suspension, longer community service requirements, and more.
While jail time is not typically imposed for underage DUI convictions with lower BAC levels, the other consequences can be severe. A conviction will remain on your criminal record, potentially impacting future educational and employment opportunities.
The Administrative Process
In addition to criminal penalties, you’ll face an administrative process with first DUI offense regarding your driving privileges. It’s important to act quickly:
- You have only 40 days from your arrest to request an administrative hearing with Service Oklahoma.
- If you do not request a hearing, your license will be automatically suspended 30 days after your arrest.
- At the hearing, a Service Oklahoma officer will review whether proper procedures were followed during your arrest and testing.
Our Oklahoma underage DUI defense attorneys at Fabian & Young can handle this administrative process for you, working to protect your driving privileges while we build your criminal defense.
Collateral Consequences of an Underage DUI
Beyond the legal penalties, an underage DUI conviction can have serious long-term effects:
- Education: Colleges and universities often have strict policies regarding student conduct. A DUI conviction could lead to loss of scholarships, academic probation, or even expulsion.
- Employment: Many employers conduct background checks. A DUI conviction could make it harder to find jobs, especially those involving driving.
- Insurance: Your car insurance rates will likely increase significantly after a DUI conviction.
- Professional Licenses: Some professional licensing boards may deny or revoke licenses for individuals with DUI convictions.
Frequently Asked Questions About Underage DUIs
When your child has been charged with drunk driving, you may be seriously concerned for their future. We understand that you want to give your child their best opportunity to put this mistake behind them. Despite the fact that the criminal justice system can be intimidating when you are prepared for what is to come, you can feel confident setting your child up with the right criminal defense lawyer and avoiding a conviction.
For that reason, we have included a fast FAQ below that goes over some of the top questions and answers surrounding underage DUIs in Oklahoma. Those who have additional questions or concerns can consult our law office during a confidential consultation for the personalized answers they need when they need them most.
Can I Still Be Charged With a Full DUI If I Am A Minor?
Yes, anyone under the age of 21 who is in violation of the state’s driving under the influence laws can be charged with a DUI. However, your charges may be elevated to a full DUI if there are any aggravating factors present. Some examples of aggravating factors that could result in a full DUI for a minor include:
- Multiple underage DUI charges on your record
- Causing serious bodily injury or death to another
- A child being in the car at the time of the DUI
- A blood alcohol concentration level that is above the legal limit of 0.08% for adults
What Constitutes an Underage DUI in Oklahoma?
You may be confused as to why your child was charged with drunk driving, especially if their BAC levels were less than 0.08%. However, the law is different for minors. While the adult limit for DUI is 0.08%, for anyone under the age of 21, the maximum BAC limit is 0.02% or higher. This is meant to signify any “measurable quantity” of alcohol in the minor’s system.
However, minors can also face underage DUI charges if they are impaired by any type of intoxicating substance combined with alcohol or an intoxicating substance on its own. For example, if your child is found to have marijuana, heroin, cocaine, or other controlled substances in their system while in control of a motor vehicle, underage DUI charges may apply.
Is There a Statute of Limitations on Underage DUIs?
Yes, the prosecutor does not have an unlimited amount of time to file criminal charges against you. If you are accused of an underage DUI, under Oklahoma Statutes Title 22 § 22-152, the district attorney has a maximum of three years from the date of your arrest or the alleged incident to file charges against you. However, if the prosecutor files charges after the three-year statute of limitations has passed, we may need to file a motion to dismiss the charges against you.
Can an Underaged DUI Be Expunged in Oklahoma?
Yes, the criminal justice system does not believe minors’ lives should be forever altered due to a single mistake. For that reason, underage DUIs can be expunged from your criminal record in Oklahoma as long as specific requirements have been met. These criteria include:
- Having no current or pending charges against you
- Not being arrested for an adult offense
- Paying all court fines, restitution, and fees
- Completing the terms of your sentence, including completion of drug and alcohol treatment, community service, and other requirements
- Being at least 21 years of age
- Having no further criminal convictions or charges since your underage DUI conviction
How An Underage DUI Defense Lawyer in Oklahoma CAn Help
Our experienced Oklahoma underage DUI defense lawyers understand Oklahoma’s underage DUI laws and will work tirelessly to protect your rights and future.
We will evaluate the circumstances of your arrest, including the traffic stop, field sobriety tests, and chemical testing procedures. We will look for procedural errors or violations of your rights that could lead to evidence being suppressed.
We have extensive experience representing clients at the Service Oklahoma administrative hearing. We will fight to preserve your driving privileges.
We know how to effectively negotiate with prosecutors. In some cases, we may be able to have charges reduced or negotiate for alternative sentencing options.
If necessary, we are prepared to take your case to trial and provide your best defense. Even if a conviction can not be avoided, we will work to minimize the impact on your future. We will explore options such as deferred sentencing and record expungement when possible.
Contact Fabian & Young Today
An underage DUI charge is a serious matter, but it doesn’t have to define your future. At Fabian & Young, we have a proven track record of helping young clients navigate these challenging situations and achieve the best possible outcomes.
Remember, time is critical in DUI cases. The sooner you contact us, the more options we’ll have to build a strong defense. We offer free initial consultations to discuss your case and explain how we can help.
Contact Fabian & Young today to speak with an experienced Oklahoma underage DUI defense attorney. We’re here to protect your rights, your driving privileges, and your future.