DUI / DWI charges as a juvenile and Maryland can have serious consequences

If a person under 21 years of age is charged with an alcohol related driving offense, he/she could face more severe consequences than a driver who is over the legal drinking age. Many judges take into account that the defendant should not have been consuming alcohol in the first place and also should not have been driving after drinking. This combination of facts often leads to a more severe sentence for the under 21 drunk driver.

Probation Before Judgment

Most judges routinely grant a defendant the benefit of a probation before judgment for a first conviction for an alcohol related driving offense, so as allow the defendant to keep a clean driving record. A probation before judgment is a plea agreement that is entered before your case goes to trial. Instead of facing a trial and potential conviction, you are automatically placed on probation for a specified period of time. If you complete your probation without any further infractions, your DWI will be removed from your record.

However, some judges are reluctant to grant the under 21 defendant the same benefit or make the under 21 defendant show a period of good behavior while on probation before allowing the defendant to keep his/her record clean.

MVA Consequences for Juvenile DWI

The MVA consequences for an alcohol related driving offense are also more severe for an under 21 driver. In addition to the standard suspension for either refusing to submit to a breath test or having a reading over the legal limit, the MVA can tack on an additional period of suspension for an under 21 driver. Every driver under the age of 21 has an alcohol restriction on their driver's license. By driving with alcohol in his/her system, the under 21 driver has violated this license restriction and the MVA can, and often times will, suspend the under 21 driver's license for a violation of the license restriction.

Because of the added penalties for an under 21 driver who is charged with an alcohol related driving offense, it is important that the driver consult with a Maryland DUI/DWI attorney immediately after being charged. Due to their age and the seriousness of the offense, it is important that an under 21 driver charged with an alcohol related driving offense enter into a Maryland certified alcohol education program and also determine the proper strategy for attempting to deal with the proposed MVA suspensions.

If you have been charged with a DWI in the state of Maryland, Jimeno & Gray, P.A. can help you minimize the damage so that you are not paying for your mistake for the rest of your life. Please contact our Maryland DWI attorneys, Gregory P. Jimeno and Frank C. Gray, Jr., today to schedule a consultation.