The Seriousness of an Underage OWI in Brandon Township

While it is illegal for those under the age of 21 to consume alcohol, the reality is that many do. This is no surprise, given its presence at parties, music festivals, sporting events, and other gatherings. 

Yet, while the act of consuming alcohol is dangerous enough in the eye of the law, underage drinking and driving takes it one big step further. Especially in Michigan where an Operating While Intoxicated (OWI) Zero Tolerance offense is particularly harsh.

That’s why being arrested for an underage OWI in Brandon Township or anywhere else in the state is a serious charge. And it’s critical that you promptly get a DUI attorney skilled in handling these offenses.

What Is Michigan’s Zero Tolerance Law?

A blood alcohol content (BAC) of 0.08% is grounds for a regular DUI arrest in Michigan. But under Michigan’s tough Zero Tolerance Law, anyone under the age of 21 who has a blood alcohol content (BAC) of .02% to .07% can be arrested for operating while intoxicated (OWI).

A first OWI Zero Tolerance offense is not a simple slap on the hand. While it typically warrants no jail time, an underage defendant faces a $250 fine and can be sentenced to up to 360 hours of community service. It is important to note that if an underage driver has a BAC of 0.08% or higher, this is outside the BAC range of the Zero Tolerance Law and will most likely result in a regular OWI charge. This carries with it, among other things, jail time.

Jail time of up to 93 days, 60 days of community service, and a $500 fine come with a second OWI Zero Tolerance offense within seven years.

Getting Representation Is Vital for an Underage OWI in Brandon Township

If you or your child is facing a Michigan OWI Zero Tolerance charge, an experienced Brandon Township DUI attorney is your best chance to pursue an acquittal or a reduction in charges.

Unfortunately, many defendants with a first-offense OWI Zero Tolerance charge make a huge mistake by not seeking representation to fight the charge because there is no jail time.

In the above instance, if there were to be a future OWI violation, this prior conviction would also be taken into account. That means that if the defendant finds himself or herself charged with an OWI after the age of 21, it could be considered an OWI second offense, which carries a much harsher penalty.

Judges Determine Penalties at Their Discretion

Another benefit of having an experienced DUI Brandon Township lawyer on your side is the attorney’s familiarity with the strict judges at the 52-2 District Court in Clarkston.

Why?

Because in Michigan, judges are permitted to increase the penalties for an underage DUI at their discretion. A judge may use this discretion to teach a minor a lesson about underage drinking to prevent future offenses before they become adults. This could be anything from having them write an essay to enrolling in a alcohol education program or even ordering them to perform additional community service hours.

There’s even the possibility of a minor being charged with an adult OWI offense – all in the name of making an example of the underage DUI offender.

Don’t Hesitate to Get a Skilled DUI Lawyer

If you or your child are facing an underage OWI in Brandon Township, you want the services of an expert DUI attorney on your side with extensive experience in the 52-2 District Court system, then you want José Fanego.

So contact us today or call (248) 645-1400 to attain a highly skilled attorney with experience in handling these unique cases. Your or your child’s future may depend on it.