Lawyer for Underage DWI Louisiana

If you or your child has been charged with an underage DWI in Louisiana, you might be scared of the potential consequences and confused about what happens next. At the Law Offices of Ossie Brown, we understand how stressful this situation can be, and we’re prepared to help you or your child with their underage DWI. 

Louisiana has a zero-tolerance policy for underage drinking and driving. This means that even a small amount of alcohol in your system can lead to DUI charges. Luckily, our Baton Rouge DUI defense lawyers are here to help defend against underage DWI charges. 

With over decades of experience in criminal defense, and a long history of serving the people of Baton Rouge, you can trust us to provide you or your child with the best possible defense. A lawyer on our team will evaluate your situation, gather the necessary evidence, and fight for a positive outcome in your case.

We’ve helped so many families through this challenging time, and we are ready to do the same for you. Call us at (225) 343-1111 to schedule a free consultation with a trusted criminal defense lawyer on our team today.

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What is the Legal Drinking Age in Louisiana?

In Louisiana, the legal drinking age is 21. Anyone under this age is legally considered a minor and is not allowed to purchase or publicly possess alcoholic beverages. The law prohibits anyone under 21 from consuming alcohol in public, unless accompanied by a parent, guardian, or spouse of drinking age.

Louisiana Drinking Laws Under 21

In Louisiana, the legal drinking age is 21. However, there are specific exceptions where a minor may legally consume alcohol. A minor may be able to consume alcohol in Louisiana:

  • When accompanied by a parent, spouse, or legal guardian who is 21 or older
  • For established religious purposes
  • For medical purposes, when prescribed or administered by a licensed professional
  • When on private property that does not sell alcohol
  • When at a private establishment that sells alcohol, if they are at least 18 years old and are an employee of the establishment or a paid entertainer at the establishment

Outside these exceptions, if a minor is found illegally in possession of alcoholic beverages, they can face consequences such as fines and driver’s license suspension. 

If you’ve been accused of underage drinking in Baton Rouge, a Louisiana minor in possession attorney at the Law Offices of Ossie Brown can help. We can help you understand the charges against you and defend you and your rights. 

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Louisiana Underage DUI Law

According to La. R.S. § 14:98.6 (Underage operating while impaired), it is unlawful for an underage person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or higher. The legal alcohol limit for underage drivers is much lower than that for other drivers, which is typically 0.08%. This is often referred to as a “zero-tolerance policy” for underage drinking. 

Under this law, an underage driver can be charged with drunk driving, even if they only have a small amount of alcohol in their system. A BAC of 0.02% is equivalent to about one drink. 

Can You Get a DUI Under 21 Years Old?

Yes, you can get a DUI if you are under the age of 21 in Louisiana. Under state law, if an underage driver’s blood alcohol content is 0.02% or higher, they could face underage DWI charges. This is much lower than the legal limit for most adult drivers, which is 0.08%. 

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Louisiana Underage DUI Consequences

The consequences of an underage DUI in Louisiana depend on the operator’s blood alcohol concentration at the time of the arrest. Below are the specific penalties for an underage DUI conviction in Louisiana, based on the driver’s blood alcohol content.

If you have been accused of being intoxicated behind the wheel as a minor, contact a Louisiana criminal defense lawyer. They can help you understand the potential penalties and build a defense based on the facts of your case.

Underage BAC Over 0.02

In Louisiana, if the court finds an underage driver guilty of operating a vehicle with a BAC of 0.02% or higher, then they may face:

  • Fines between $100 and $250; and/or
  • Jail time between 10 days and 3 months.

The court may suspend the driver’s jail sentence, but only if they go on probation with the conditions that they:

  • Perform 32 hours of court-approved community service activities (half of which must be litter abatement or collection); and
  • Participate in a court-approved substance abuse and driver improvement program.

On a second or subsequent conviction of underage driving under the influence in Louisiana, a person could face:

  • Fines between $250 and $500; and/or
  • Jail time between 30 days and 6 months.

The court may suspend the driver’s jail sentence, but only if they go on probation with the conditions that they:

  • Serve 48 hours in jail without the benefit of parole, probation, or suspension of sentence OR perform 80 hours of court-approved community service activities (half of which must be litter abatement or collection); and
  • Participate in a court-approved substance abuse and driver improvement program.

In addition to these punishments, the court may require anyone convicted of underage DUI to have an ignition interlock device in their car for the duration of their probation. Also, if the driver refuses to submit to a chemical test after police arrest them, they will face an automatic one-year license suspension.

If an underage minor drives with a BAC of 0.08% or higher, they may face the same penalties imposed on adult drivers. The penalties for a first-time DWI offense in Louisiana include:

  • Fines between $300 and $1,000 
  • Jail time up to 6 months
  • Driver’s license suspension for at least 90 days
  • Mandatory 48 hours in jail or 32 hours of mandatory community service

The penalties are higher for a second, third, or subsequent offense. At the Law Offices of Ossie Brown, we can help defend against first-offense, second-offense, and subsequent DUI charges in Baton Rouge and the surrounding area. We can help minimize the impact of these charges and defend your rights, your future, and your freedom.

How a Baton Rouge DUI Lawyer Can Help After Drinking and Driving Underage

If police arrest your child for drinking and driving as a minor, they could face fines, jail time, mandatory participation in community service, suspension of driving privileges, and more. Additionally, this one mistake could leave a lasting mark on their criminal record. 

Not only that, but having a DUI on their driving record can lead to higher car insurance rates. That’s why it’s so important to seek legal representation from an experienced criminal defense law firm.

If your child was under the age of 18 at the time of the offense, a Baton Rouge juvenile criminal defense attorney on our team can represent them. We can also help you and your family navigate the juvenile justice system. Additionally, if your child was over the age of 18, but under 21 at the time of the offense, we can help defend your child in criminal court. 

We’ll investigate the circumstances surrounding the arrest, collect the necessary evidence, and challenge the criminal charges your child is facing. We will fight to help your child receive the best possible outcome for their underage DUI charges, which may include lower penalties or even an acquittal. 

Our Baton Rouge DUI lawyers will handle your case with the care and attention it deserves. Call our law firm today.

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Accused of Underage Drinking and Driving in Baton Rouge? Call The Law Offices of Ossie Brown Today

Were you or your child accused of underage DWI in Baton Rouge? Don’t take the situation lightly. Driving under the influence of alcohol or drugs is a serious criminal matter and a threat to public safety. This is true no matter the age of the driver. You’ll need a skilled criminal defense attorney in Baton Rouge to develop a strong defense on your behalf. 

At the Law Offices of Ossie Brown, our Baton Rouge criminal defense attorneys are ready to step in, protect your child’s rights, and fight for the best possible outcome. We have over 40 years of experience representing the residents of East Baton Rouge Parish. Our legal team is here to be your family’s law firm for a lifetime. 

Call (225) 343-1111 or contact us online now to get the defense your family deserves.

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Let us review your case at no cost to you. We want to take the time to get to know you and understand your legal goals and objectives.

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The attorneys at The Law Offices of Ossie Brown are skilled in several practice areas and ready to discuss your case. Contact us today to schedule your free consultation.