We all made dumb choices in our youth, but hopefully none of those choices led to lifelong consequences. For an unfortunate few who end up facing an underage DUI charge in Minnesota, a conviction can end up having life-altering consequences. We’re not saying that you should face no punishment for your actions, but we don’t want your life to be ruined a a result of a stupid mistake, which is why we are so passionate about providing the best defense for individuals facing an underage DUI charge.
But what are some of the best ways to fight back against an underage drunk driving charge? After all, it may seem like you are out of options considering that underage individuals can get a DUI below the standard 0.08 threshold. Believe it or not, there are plenty of ways to fight back against an underage DUI in Minnesota. We share some of the most common defenses in today’s blog.
Common Underage DUI Defenses
Before we dive into some common DUI defenses, it’s important to note that every case is different, and your best move is to connect with an experienced criminal defense attorney who can discuss the specifics of your case with you in person and develop an individualized defense plan. With that said, here’s a look at some common avenues that are pursued when working to develop a defense for an underaged individual accused of drunk driving.
Poorly Calibrated Device – If the suspect has an incredibly low BAC, like 0.01%, your lawyer may argue that the device is poorly calibrated or is providing incorrect readings if other evidence suggests the device has not been stored or serviced properly.
Improper Stop – As we’ve said on this blog countless times, the ends can’t just automatically justify the means. If police had no reasonable suspicion to conduct a traffic stop in the first place, we’ll challenge the reason for the stop. Even if you were under the influence, if police improperly pulled you over or had no legal basis for the original stop, then the rest of the case may be thrown out.
Improper Testing – We’ll also review the testing procedures that police used during roadside tests or when administering a breathalyzer. If there were clear and obvious errors with any evidence collection, we’ll work to have that evidence suppressed or thrown out.
Even if you think that none of these defenses apply to your situation and that you’re up a creek without a paddle, it’s important to connect with a lawyer, review your options and discuss the possibility of a plea deal. Oftentimes a plea deal can help you avoid a worst case scenario. Even though it may appear to be an open and shut case, going to court will still take time and resources from the prosecution, and if they can get a conviction without going to court by agreeing to a plea deal, they may opt to do so. You can use this to your advantage and work to secure a favorable plea deal or at least one that avoids a worst case scenario. We’d be more than happy to negotiate for a favorable plea deal if it seems likely that taking the case to court could produce some unfavorable results.
Don’t let your future be negatively affected by a mistake in your youth. Let the team at Appelman Law Firm help you get the justice you deserve. For more information, or for help with a different criminal charge, reach out to our team today for a free case review at (952) 224-2277.
