An underage OWI or DUI has the same elements as an adult drunk driving ticket, except for one quite important fact, underage drivers are prohibited by law to consume alcohol in the first place.
Zero Tolerance Laws
To reduce the number of minor drivers involved in alcohol-related crashes, many states have passed underage drinking and driving laws that make it illegal to operate a vehicle after consuming even small amounts of alcohol. These underage owi laws derive from a federal bill, which was enacted to discourage drunk driving among minors. The underage drinking bill requires that all states make it illegal for a minor person operating a vehicle to drive with a 01 percent breath test or blood test or higher. If states do not enact such laws, they can be denied access to federal highway funds for their state.
Unlike adult DUIs, which typically require that a driver operating a vehicle has a blood alcohol level of .08 percent or higher upon conviction , an underage driver may be charged with a DUI even if his or her bac of 02 percent, the equivalent of one drink or less. In fact, since the related criminal defense driving under the influence laws are zero tolerance, a minor driver does not even have to exhibit any evidence of impaired driving. The laws are in part to keep the road safe and combat substance abuse. The simple fact that he or she has consumed alcohol, even in some small amount like a bac of 08, is sufficient to support an underage DUI charge and license revocation upon conviction.
In a few states, these underage or not age of 21 laws apply to all minor drivers who have taken a drink, even if they do not register a blood alcohol content. In these states, underage drinking any amount of alcohol is a crime subject to laws and penalties involved in such cases . Thus, drivers with a blood alcohol level of .00 percent and positive THC test would still find themselves facing serious consequences in court.
Appreciate The Seriousness Of The Situation And The Law
A driver operating a motor vehicle while impaired charge not age of 21 (underage dui) either by alcohol or drugs with no injuries or other special circumstances comes with a license suspension, penalties, high fines and skyrocketing auto insurance rates but underage owis carry with it years on your criminal record. More serious charges can come with longer license suspensions, possible mandatory jail time and other high OWI, DWI, DUI and Drunk Driving penalties and fines again like years in prison, jail and probation. All of this can cause problems at work, including discipline or firing. With possible difficulties meeting work, school or family obligations and paying penalties. That’s why it is important to take action as soon as you are charged with an OWI, DWI, DUI and Drunk Driving violation. Don’t wait 90 day to contact a defense attorney.
Fight The Charges!
So essentially long story short, don’t spend a year in jail or pay useless penalties or even get convicted of an underage owi or even get the owi charge if you don’t have to. Contact us online now to look at techniques to dismiss your case and get these owi charges behind you. Walk away with a misdemeanor, driver’s license suspension and probation for this under age dui or nothing at all. In my experience as a Wisconsin OWI crime lawyer, many people believe there is no point in fighting intoxicated driving underage dui charges. You may think if the police have a bac test concentration measurement above the legal limit, they have enough proof to convict. This is not entirely true! Avoid the conviction and fines if you can. We are attorneys who know the law and give you sound legal advice.
Police officers make mistakes at work, including mistakes with gathering, evaluating and storing evidence. Tell us what happened with the offense. Many times the police jump to the conclusion of who was driving the car. In addition when you tell them someone was taking you home and the cops end up not believing you nor your designated driver. I’ve made a reputation for proving the cops wrong in a jury trial. Don’t just “buckle under” with a cop that doesn’t believe you and just take the driver’s license suspension or even revocation. Let us organize your case, tell us what happened and prove it to a jury. We are attorneys who do this for a living.
Law enforcement may also violate defendants’ civil rights. There are literally thousands of defenses to an OWI and Drunk Driving charge in Wisconsin. Never plead guilty before calling the Mullen, Schlough & Associates S.C. for a free initial consultation about your case and your legal options. You don’t need the penalties and possible community service.
Top Sixteen Questions after a DUI Arrest
1. What is the best way to handle a DUI Arrest?
The first thing you should do after an arrest for DUI is contact a lawyer. If you can’t afford one, call or visit a local legal aid office. They will help you find a lawyer.
2. What is the best way to handle my first court appearance?
You should go to court on the date listed on your ticket. If you don’t have a lawyer, tell the judge that you would like a reasonable amount of time to find one. The judge will probably give you a court date for about two weeks later, and may set bail. You should ask the judge to lower your bail or release you on your own recognizance (without having to pay bail) if you have not been involved in any other criminal activity.
3. What should I do before my first court appearance?
Gather all of the evidence that will help your case. You should have all of your medical records and witness statements. You may also take photographs or other evidence that you think will help your case.
4. What happens at my first court appearance?
You will be asked to enter your plea. Your lawyer may ask the judge for a continuance, which means that you would have to come back later on in order to plead guilty or not guilty.
5. What happens after I plead guilty or not guilty?
You will be given a court date and time to return for your trial. Your lawyer may ask the judge for another continuance.
6. What is a jury trial?
If you have been charged with a felony, then you will be tried by a jury of your peers. If the judge decides that it is in your best interest to have a jury trial, then you will be asked to choose six people from the jury pool who are willing to serve on your jury.
7. What is a bench trial?
If you have been charged with a misdemeanor, then your case will be tried by the judge.
8. What do I need to bring to court?
You should bring any witnesses who can testify on your behalf. You should bring any evidence that will help you prove your case, such as a video recording of the incident or photographs of injuries to you or others.
9. What happens if I’m convicted?
You may be ordered to pay a fine, serve time in jail or prison, and/or you may be required to attend DUI school. If your license has been suspended, you will have to pay a fee for reinstatement.
10. What happens if I’m acquitted?
If you are found not guilty, then the charge against you will be dismissed and your license will be reinstated after consulting with the DMV. It isn’t automatic.
11. What happens if I plead guilty?
If you plead guilty, the court will impose a sentence and you may have to pay fines, serve time in jail or prison, and/or you may be required to attend DUI school.
12. What happens if I’m found guilty?
If you are convicted of a DUI, your driver’s license will be suspended for a period of time.
13. What are the long-term effects of a DUI?
If you have been convicted of driving under the influence, your insurance rates will increase dramatically and you may have trouble getting insurance.
14. What is the difference between a DUI and DWI?
DUI stands for driving under the influence, while DWI stands for driving while intoxicated and OWI stands for Operating While Intoxicated. With an OWI you don’t have to be driving a motor vehicle, just in a position to operate one. Call us to find out the details of what the difference is.
15. What are the effects of alcohol on the body?
The effects of alcohol on the body can vary greatly from person to person depending on these factors:
- How much you weigh. The heavier you are, the more alcohol it takes to get you drunk. If you’re a woman, your body will process and eliminate alcohol faster than a man’s. How much you’ve eaten. Food in your stomach slows down the absorption of alcohol into your bloodstream.
- What kind of drink it is, and how much you’re drinking? Some drinks have more alcohol than others. For example, beer has between 3 and 7 percent alcohol while wine ranges from 5 to 15 percent. Mixed drinks can have as much as 25 percent alcohol.
- What you’re drinking with. Mixing alcohol with other drugs or medications can cause serious side effects, like unconsciousness and death.
- How long you’ve been drinking. The more you drink over a longer period of time, the more alcohol you’ll absorb into your bloodstream.
- How often you’ve been drinking. If this is your first time drinking a lot in one sitting, it will take longer for your body to metabolize the alcohol.
- How your body reacts to alcohol. If you have a health condition, such as high blood pressure or heart disease, that can make it harder for your body to process alcohol.
- What you’re eating with your alcohol. Food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much sleep you’ve had. If you’re tired, your body won’t metabolize alcohol as quickly.
- Whether or not you’ve eaten before drinking. Eating food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much you’ve had to drink. If you drink a lot in one sitting, your body will metabolize the alcohol more slowly.
- How fast you’re drinking. Drinking alcohol quickly can cause your body to absorb more alcohol at once, which means it will take longer for your body to metabolize the alcohol.
- The type of alcohol you’re drinking. Different types of alcohol are metabolized at different rates, so some drinks will have a greater effect on your body than others. For example, hard liquor is more potent than beer, so it will have a greater effect on your body.
16. What are the effects of alcohol on the bod
When drinking alcohol the body absorbs it at different rates. It is estimated that a healthy liver can process about one drink per hour. The body also processes alcohol at different rates based on your weight, gender and whether you have eaten.
How many drinks did you say you had?
Most people have no idea how many drinks they can have and still be able to drive. The question is, “What does it take for you to become intoxicated?”
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For those of you who have been wrongly charged or at least have not done all the things the State is saying you did, getting a good owi or dui attorney is key. Contact us ASAP not in 90 days. Especially with a first offense charge if you are under age or not in the age of majority.
Anybody can go into court an plead guilty to a owi, dui, dwi charge but knowing exactly what your pleading to and everything that comes along with it is the tough part. Almost as tough as paying the penalties, doing the community service and removing your driver’s license suspension. You need your driver’s license and money to live right? You don’t need the license suspension. Unless you are in court and breathe owi, dui, dwi defense like we do and are of age, honestly why would you.
Click one of the options under Free Consultation on the website to schedule a convenient time to sit down or contact one of our local attorneys online now dismiss. You Need Answers Now. Owi, dwi or drunk driving offenses are not one of those things that can be “pushed off” for a 60 day or 90 day period. What’s going on with your case is a life altering event so you deserve an attorney that appreciates that fact. Send us a message through our email form today. Your future and the future of your family is relying on your choice. You don’t need the fines. Let our attorneys help you.
Meet With Us Today!
It’s important to act quickly when you are charged with an owi or drunk driving offense. The longer you wait, the easier it is for evidence and opportunities to disappear especially after a 90 day period when you begin to forget key details.
It is especially important to take action early with an OWI, DWI charge. Wisconsin law states you have 10 days to request a hearing where you can fight the automatic driver’s license suspension and penalties. By law, you are entitled to this hearing, but you must request it within 10 days or you automatically lose your chance to defend your license. Just coming in and talking with us doesn’t create an attorney client relationship.
The DOT hearing is completely separate from your OWI or DUI court case. You can and should have an attorney or even attorneys representing you at both. Mullen, Schlough & Associates S.C. coordinates defense of both cases as part of our services in Wisconsin DUI defense situations. Mullen, Schlough & Associates S.C. represents clients throughout Wisconsin who have been charged with an OWI, DUI or other driving impairment offenses.
We represent people who are accused of all types of Driving While Intoxicated, OWI or DUI charges from simple first offenses to complex cases involving high BACs or serious accidents. In fact, Managing Attorneys Mark Mullen has won multiple trials involving very high BACs and potential felony charges. Managing Partner Scott Schlough has won motion hearings bringing 5+ OWIs down to OWI 1st s. In addition our partners have won OWI charges even more involved than that. It is crucial that you consult with and hire the best OWI or DUI attorney or at least the best OWI, DUI, DWI or Drunk Driving lawyer near you from our firm.. If an OWI or DUI attorney near me is important (which it should be) give us a call so we can be there to help. Remember a traffic misdemeanor and minimum penalties dismissal is our goal, how about you? Don’t let this weigh on your mind for a 90 day or 60 day period.
Hire A Professional!
It is extremely important to hire the best criminal traffic professional to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy jail or prison sentence or even a criminal record. Just avoiding a suspension is our goal and we shall shoot for it. The less in penalties the better.
Payment Plans Encouraged!
We know money is an issue for people facing DUI case. We offer a clear breakdown of our minimum fees and free, confidential initial consultations for all potential clients. You may need to save some money for penalties if we can’t help. To learn more or speak to an experienced Wisconsin DUI attorney, call our office today at 1-888-375-3056 or send us a message through our email form . Your future and the future of your family is relying on your choice.
- Flexible Payment Plans
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We Offer DUI Defense Services In The Following Areas:
- Boating, Snowmobile & ATV DUI
- Drunk Driving Lawyer
- Drug & Medication DUI
- DUI Lawyer
- DUI Causing Damage
- Operating After Revocation
- Underage DUI
- Vehicular Manslaughter DUI
Locations Currently Served:
- Chippewa Falls, Wisconsin and All of Chippewa County
- Eau Claire, Wisconsin and All of Eau Claire County
- Menomonie, Wisconsin and All of Dunn County
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