Wilmington Juvenile Defense Lawyers

Underage DUIs

One common juvenile offense is underage DUI. North Carolina has a zero-tolerance policy for underage drivers under the influence; the state prohibits those under 21 years old to drive a vehicle while consuming any alcohol or while having any amount of alcohol or controlled substances in the body (unless the substance was lawfully obtained and taken as medically prescribed).

Underage DUI is charged as a Class 2 misdemeanor punishable by up to 60 days in jail and $1,000 in fines, as well as possible license revocation. The judge may decide alternatively to place the offender on probation with terms like mandatory drug and alcohol assessments, recommended treatment, and community service, though the possibility of this alternative sentence depends on whether the defendant has no prior convictions.

In addition to criminal penalties, an underage defendant will also face administrative penalties in the form of license revocation. Underage drivers charged with DUI will have their license immediately revoked for 30 days. If they refuse to abide by the state’s implied consent laws (refuse to submit to a blood and breath test), they could face up to 1 year of license revocation. Limited driving privileges may be granted after a mandatory 6-month revocation period.

Keep in mind that even if the defendant refuses a test, the mere smell of alcohol on an underage driver’s breath is enough to convict them. After conviction, their license will be revoked for at least 1 year. Drivers who are at least 18 years old at the time and have no prior convictions may request limited driving privileges.

Note that underage DUI and the standard DUI are considered separate criminal charges in North Carolina, so it is possible in more severe situations for a person under the age of 21 to be charged with both underage DUI and DUI. However, in such a case the defendant will not face both sentences but the harsher of the two. 

Drug Possession by Minors

Another criminal charge that might involve minors is drug possession. Recall that North Carolina prohibits the personal use, possession, or distribution of Schedule I-VI controlled substances, including marijuana. Minors are no exception to the law, and they may have to go through the Juvenile Court System and even adult court, depending on their age and the severity of the offense. North Carolina law loosely defines a “juvenile” as someone under the age of 16 years old, though even those aged 17 or 18 may come under the jurisdiction of some juvenile laws. 

In particular, underage individuals 16 years or older could face serious charges as with consequences as serious as those for adults. It is possible for the minor to participate in the First Offender Program if they have no prior convictions, which may allow them to remove the charges from their record by successfully completing a 15-hour drug education program. Further, N.C.G.S § 5-90-96.1 grants immunity to minors with no prior drug convictions if they reveal the identity of the person who provided them the illegal substance.

To gain skillful juvenile defense, contact the Wilmington juvenile defense lawyers at Whitley Coleman today. We are here to help you through this process.