Can You Get a DUI Under 21 with No Alcohol?
Yes, you can be charged with an underage DUI in Wisconsin even if you have not consumed any alcohol. If you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system. This means that, if a police officer pulls you over and you have a BAC of 0.01%, you can be charged with underage DUI.
It is important to note that you can also be charged with underage DUI if you are under the influence of certain drugs. This can include both illegal drugs and prescription medications that impair your ability to drive safely. If you are driving erratically or swerving in and out of lanes, a police officer may suspect that you are under the influence and pull you over. If the officer has reason to believe that you are impaired, they can arrest you for underage DUI, even if your BAC is below the legal limit of 0.08%.
How Long Does an Underage DUI Stay on Your Record in Wisconsin?
Being charged with underage DUI can have a lasting impact on your future. In addition to the immediate consequences—such as fines, probation, and a suspended driver’s license—the charge will also appear on your criminal record. This can make it difficult to get a job or find housing in the future.
Fortunately, there may be a way to avoid these long-term consequences. In Wisconsin, you may be able to have your underage DUI conviction expunged from your record. However, there are certain requirements that must be met, and not all individuals are eligible for expungement. An experienced Sheboygan underage DUI attorney can help you understand whether you qualify and, if so, can guide you through the process.
How Long Do You Lose Your License for a DUI Under 21 in Wisconsin?
In Wisconsin, if you are under 21 and are convicted of DUI, your driver’s license will be suspended. The length of the suspension will depend on several factors, including whether it is your first offense and whether you took a chemical test to determine your BAC.
If it is your first offense and you submitted to a chemical test, your license will be suspended for:
- 6 months for a BAC of 0.02% or higher but less than 0.08%
- 9 months for a BAC of 0.08% or higher
If it is your first offense and you refused a chemical test, your license will be suspended for:
- 1 year for a BAC of 0.02% or higher but less than 0.08%
- 1 year and 6 months for a BAC of 0.08% or higher
If you are convicted of underage DUI and it is not your first offense, the penalties will be more severe. For a second or subsequent offense, your license will be suspended for:
- 1 year for a BAC of 0.02% or higher but less than 0.08%
- 1 year and 6 months for a BAC of 0.08% or higher
If you are convicted of underage DUI and your BAC is 0.15% or higher, your license will be suspended for 1 year, regardless of whether it is your first offense or a subsequent offense.
It is important to note that you can face additional license suspension if you refuse to submit to a chemical test. If you refuse a test, your driver’s license will be automatically suspended for 1 year. You can request an administrative hearing to fight the suspension, but you only have 10 days from the date of your arrest to do so. A Sheboygan underage DUI attorney can help you request a hearing and represent you at the hearing to present the strongest possible defense.
How Can You Get Out of a DUI Under 21?
If you are under 21 and are facing DUI charges, it is important to remember that you have the right to an attorney. An experienced lawyer can help you understand your legal options and develop a strong defense strategy.
When you work with Melowski & Singh, we will conduct a thorough investigation into your case to determine whether any of the following defenses may be available to you:
- Illegal stop: A police officer must have reasonable suspicion to pull you over. If the officer did not have reasonable suspicion, any evidence obtained during the stop may be inadmissible in court.
- Inaccurate field sobriety tests: Field sobriety tests are notoriously unreliable. If the officer who administered the tests did so incorrectly, the results may not be accurate.
- Inaccurate chemical tests: Chemical tests, such as breath tests and blood tests, are also not always accurate. They can be affected by a wide range of factors, including the machine used to administer the test, the conditions under which the test was taken, and the method used to analyze the sample. If the test was not conducted properly or the results are questionable, we can work to have the evidence suppressed.
- Improper handling of evidence: The police must follow certain protocols when collecting and handling evidence. If the police lost or contaminated the evidence, it may be inadmissible in court.
We will fight to protect your rights and your future. Our attorneys can help you explore your legal options and determine the best way to proceed.
Why Choose Melowski & Singh for Your Juvenile DUI Defense?
When facing a juvenile DUI charge, the stakes are incredibly high. At Melowski & Singh, we understand the unique challenges that minors encounter in the legal system. Our dedicated team is committed to providing personalized and compassionate representation, ensuring that your rights are protected every step of the way.
Here’s why you should consider us for your defense:
- Tailored Strategies: We recognize that every case is different. Our attorneys will work closely with you and your family to develop a defense strategy that best fits your specific situation.
- Knowledge of Local Laws: With extensive experience in Sheboygan and the surrounding areas, we are well-versed in Wisconsin's juvenile laws and procedures, allowing us to navigate the system effectively on your behalf.
- Support Beyond the Courtroom: We provide resources and guidance for families dealing with the emotional and social implications of a DUI charge, including counseling and educational programs.
- Proven Track Record: Our firm has successfully defended numerous clients against juvenile DUI charges, achieving favorable outcomes that minimize the impact on their futures.
Don't leave your future to chance. Contact Melowski & Singh today to schedule a consultation and learn how we can help you navigate this challenging time with confidence.
Our Sheboygan Underage DUI Lawyers Can Help
If you are facing DUI charges, it is important to seek legal representation as soon as possible. The sooner you contact an attorney, the sooner they can begin building your defense and protecting your rights.
At Melowski & Singh, we are passionate about helping clients navigate the legal system and fight for their freedom. We understand the challenges you are facing and are prepared to provide the exceptional legal services you need and deserve.
To discuss your situation with an experienced lawyer, call (920) 294-1414 or contact us online to request a free initial consultation with our Sheboygan underage DUI attorneys.
