Juvenile DUI Defense Lawyer
in Morgan County, Georgia

Until you reach the age of 21, your driving privileges in Georgia are dependent upon strict adherence to all traffic and safety laws. If you had a blood alcohol level of 0.02% or higher, you are considered impaired, although you might not feel anything depending on your size and weight. When this happens, it’s encouraged to consult a Georgia underage DUI lawyer right away.

Georgia wants to instill a true sense of responsibility in young drivers. Your future driving privileges and clean criminal and driving record require that you retain skilled and competent Georgia under 21 DUI lawyer as soon as possible. You don’t want to waive any rights or defenses, and you don’t want to miss any important deadlines.

For a young person, a DUI conviction has lasting effects. You will be required to disclose this conviction on college and employment applications, apartment lease applications, mortgage applications, and professional licensing applications. A criminal conviction stays with you forever.

When considering a drunk driving defense lawyer, you should consider Michael Fulcher Law. Michael Fulcher Law knows DUI law, with over 15-years of experience as a prosecutor, public defender, and privately retained defense counsel. He has prosecuted and defended hundreds of DUI cases. That experience extends to cases in Morgan, Greene, Putnam, Taliaferro, Newton and Jasper Counties.

Michael Fulcher Law will fiercely defend your legal rights and defenses, honestly assess the strength of the prosecution’s case, and advise you on a course of action that is in your best interests.

Two Kinds of Underage DUI Charges in Georgia

Drivers under the age of 21 can be charged with two kinds of DUI:

• with the results of a State-administered breath, blood, or

• urine test, or for refusing to submit to a State-administered breath, blood, or urine test.

Unlike adult drivers whose blood alcohol can reach 0.08% without being considered legally impaired, drivers under the age of 21 are considered DUI if their blood alcohol reaches 0.02%. How many drinks does that mean? There is no firm answer because it depends on your body weight and metabolism. In some instances, it can be as little as one drink. What matters is that your blood alcohol reached that level whether or not you felt impaired. The consequences for a young driver can be devastating.

Drivers under the age of 21 might also refuse to submit to breath, blood, or urine tests, which violates Georgia implied consent law. To obtain a Georgia driver’s license, all drivers, no matter their ages, agree to submit to State-administered testing as a condition of driving. A refusal to take a field sobriety, Alco-sensor, or handheld breath test is not considered DUI test refusal although a refusal to take a State-administered breath test on the Intoxilyzer 9000 is. A DUI refusal charge attaches to any refusal to take a State-administered breath, blood, or urine test.

Police must read you about the risk of refusal.

Implied consent notice for suspects under age 21

“The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state-administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?”

You have rights and defenses to either type of DUI charge as a driver under the age of 21. To fully protect your rights and defenses, call or email Michael Fulcher Law to schedule your free consultation with a drunk driving attorney now.

Underage DUI Penalties for Georgia Drivers 

Penalties depend upon the amount of alcohol in your blood system at the time of arrest and the number of violations you have committed. Your age is also a factor for the court to consider when imposing penalties.

All DUI youthful offenders are required to complete a DUI Alcohol or Drug Use Risk Reduction Program and a clinical evaluation for alcohol and drug dependency.

First, let’s look at the penalties for first, second, and third offenses with a blood alcohol level of between 0.02% and 0.08%, the legal limit for adult drivers. Note that a first offense for drivers under 15 years of age will include a license suspension until you turn 17. A second offense will mean license suspension until you turn 18.

For arrests with higher blood alcohol levels, the penalties are harsher, especially license suspension periods.

DUI Refusal for Under 21 Drivers

Only the State-administered breath test—the Intoxilyzer 9000—or giving a blood or urine sample at the police station are required as a condition of having a driver’s license in Georgia. You are under no legal obligation to submit to an Alco-Sensor breath test, a handheld breath test, or a field sobriety test roadside.

An Alco-Sensor breath test only measures if there is any alcohol present on your breath. It cannot measure other intoxicants besides alcohol. Getting a positive reading on an Alco-Sensor test is not evidence of intoxication and a numeric reading cannot be admitted in court. Police use it as a screening method upon stopping a driver.

A handheld breath test is also unreliable, because it can register different levels of alcohol depending on the depth of the breath expelled.

Field sobriety tests are also not required because the interpretations of how a driver performs are too subjective.

However, police can become hostile if you refuse to take these tests when pulled over. Many times police will immediately arrest you so that they can bring you to the station to administer the State-approved Intoxilyzer 9000 test or compel blood or urine samples. When refusing to submit to any roadside test, speak up loudly and distinctly so that your refusal is picked up on any vehicle-mounted camera or body camera on the police officer.

The police must read you the warning that a refusal to submit to an Intoxilyzer 9000 test or blood or urine tests will result in an immediate suspension of your driver’s license with 30 days to request an ALS Hearing to appeal this action.

An Intoxilyzer 9000 test only measures for the presence of alcohol not drugs. You are only required to provide two sequential breath samples for the Intoxilyzer 9000 test. If the breath samples register as adequate, the officer cannot ask you to provide more. Only if the breath sample registers as insufficient, are you compelled to provide another breath sample. If the officer suspects drug impairment, they will request a blood test.

A refusal to submit to a State-administered breath, blood, or urine test results in a mandatory 12-month license suspension without the opportunity to get limited driving privileges.

Know Your Rights! Contact an Underage DUI Lawyer Serving Morgan County

At the moment you are stopped by a police officer on suspicion of DUI, you have very specific and important rights.

• You have the Fifth Amendment right to remain silent. You are only under an obligation to produce your license, vehicle registration, and proof of insurance. You are only under an obligation to give your name and address. You need not answer any further questions, especially questions about where you are coming from, where you are going, whether you had anything to drink, or whether you have taken any drugs.

• You have the right to be read a warning that if you refuse to take a State-administered breath, blood, or urine test that your driver’s license will be suspended for 12 months.

• You have the right to an attorney, and if you cannot afford one, to have an attorney appointed to represent you.

Let’s spend a moment on how important it is to retain a lawyer to represent you as soon as possible.

If you have tested 0.02% or above blood alcohol or refused to take a State-administered test, your license will be suspended upon your arrest. You have just 30 days to file an appeal to this automatic suspension to retain your driving privileges during the pendency of this prosecution. That appeal costs $150 and entitles you to an Administrative License Suspension Hearing—ALS Hearing. That hearing provides a drunk driving defense attorney with an early opportunity to review the prosecution’s evidence and cross-examine the arresting officers to discern their reliability and quality as witnesses. This is an opportunity no one should miss.

In addition, by demanding an ALS Hearing you might be able to apply for limited driving privileges.

Michael Fulcher Law knows DUI law, with over 15-years of experience as a prosecutor, public defender, and privately retained defense counsel. That experience includes a deep understanding of DUI law, criminal procedure, and familiarity with all of the players—police, prosecutors, and judges—in Morgan, Greene, Putnam, Taliaferro, and Jasper Counties. Call us at  (706) 438-1555 or contact us.

Michael Fulcher Law will fiercely defend your legal rights and defenses, honestly assess the strength of the prosecution’s case, and advise you on a course of action that is in your best interests.

Call or email now to schedule a free consultation. Your free consultation with Michael Fulcher Law is confidential, covered by attorney-client privilege. Your frank answers to all questions will assure a realistic assessment of the charges so that we can advise you on your rights, defenses, and how to proceed.

Frequently Asked Questions

“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”