Maryland Underage DUI Case Process

The Maryland underage DUI case process differs greatly from standard DUI cases for a variety of reasons. Given the uniqueness of underage DUI cases, accused individuals may need the help of a seasoned DUI attorney for help. While an attorney with experience in handling solely adult DUI cases may not have the knowledge necessary to build an effective underage drunk driving defense, an underage DUI lawyer could provide the legal guidance a minor and their family may need at this time.

How Underage DUI Cases are Handled in Maryland

A DUI case for someone under the age of 18 is heard in the juvenile court system in Maryland, which is a special court system designed to adjudicate juveniles under the age of 18. The child is not charged as an adult. If there are other circumstances or other charges involved such as a gun charge, serious damages, or severe injuries, the case might be heard in the regular circuit court and the child could be charged as an adult. There must be serious additional charges or aggravating circumstances that allow the child to be treated as an adult by the court. A DUI charge by itself is heard in the juvenile system. The court system has a more hands-on approach and is more involved in the lives of the children who appear before the court than an adult court, which is involved in the lives of adult defendants.

Someone under 18 charged with drinking and driving should not be drinking alcohol in any context. If they are drinking and driving, there is concern about problems the child may have and their relationship with alcohol. The court takes a concerted interest in the issues and wants the child and their family or support system to identify and address them. The court is involved in the process to a much more significant degree in terms of recommending the steps to take, supervision, and monitoring the juvenile’s progress. Those who are interested in learning more about the underage DUI case process could reach out to a Maryland attorney. Hiring an accomplished attorney could be crucial to protecting an accused person from legal ramifications.

Comparing Underage DUI Cases to Standard DUI Cases

In juvenile court, children are not found guilty or not guilty. They are found involved or not involved. A DUI case in juvenile court does not go on the child’s criminal record because they are under 18. Even if the child is found to have been drinking and driving, they are not convicted of a DUI. Even if they were found involved, there is no criminal conviction. The major difference is that an adult court tries to understand whether the person charged with DUI has problems with alcohol and wants the individual to deal with those issues.

It is also not illegal per se for someone over 21 to be drinking alcohol or even to be under the influence of alcohol. It becomes illegal when they operate the vehicle. The court understands that in certain cases, an adult has bad judgment and takes social drinking too far. The fact that they were charged or even found guilty of a DUI does not necessarily mean there are deeper problems or more significant issues.

When a child is charged with a DUI, the situation is different. The court is concerned about why the child was drinking, why they chose to drive while being intoxicated, how they got access to alcohol, and the circumstances surrounding the situation. The court has more involvement in helping the child focus on their difficulties. They conduct a more thorough evaluation of the child’s background, their family life, and their school life to detect any problems. They work with the child to construct a plan to address the issues in the child’s life and their relationship with alcohol.

Probation and Supervision

The child returns to court more often and is supervised by the court system more thoroughly. It is not like probation in adult court where someone found guilty has a supervising agent. It is part of the entire court process prior to an adjudication of involved or not involved. The court puts conditions on the child and determines whether the child is able to meet them. These conditions may include:

• Meetings
• Participating in a program
• Writing essays or book reports and submitting those to the court
• Maintaining certain grades at school

The conditions required of the juvenile are meant to ensure they are doing what the court believes is in their best interest. If the child meets the conditions, the outcome may be effective and there may not be a verdict. There are other ways a juvenile’s case could be resolved so that it does not appear on the child’s juvenile record. The biggest difference is that juvenile court by its nature is involved more in the adjudication of the case and in the accused’s life.

What to Expect From Prosecutors and Judges For Underage Drunk Driving Cases

Prosecutors and judges treat cases of minor DUIs with concern since the minor should not have access to alcohol and should not be drinking. DUIs are a concern for the judges and prosecutors given the threat to public safety and the damage that could arise from such behavior. The judges and prosecutors tend to take a more rehabilitative approach as most members of the judiciary and the courts do when treating minors. They try to give the child more rehabilitative options rather than punishment options.

During the underage DUI case process, Maryland judges and prosecutors want to understand the context in which a teenager or a child has access to alcohol and was drinking and driving. They identify the environment that led to the juvenile’s decisions and they proceed to develop a plan to tackle the issues. If the child has a good support system and is willing to put in the effort to participate in the plan, judges and prosecutors are supportive of the rehabilitative options.

How Strongly are These Cases Prosecuted in Maryland?

Minor DUIs are taken most seriously, and the State Attorneys’ Office makes every effort to monitor the cases. The child is usually not prosecuted aggressively since the court system seeks to get involved and address the child’s issues. The court determines whether the child’s family or support system is able to work with the court system to collectively identify and deal with any problems related to the minor’s DUI. The case is not necessarily prosecuted by seeking serious penalties.

While minors are not sent to jail, they could be sent to a juvenile detention facility. They usually do not face the same types of penalties as adults for supervision, probation-like conditions, restriction of activities, and requirements for conditions that must be completed. A minor is likely to face more court dates for the purpose of checking on their progress and their sentence is often more involved. An adult faces more severe penalties for DUI charges.

Reach Out To a Maryland Underage Attorney With Experience in the DUI Case Process

Going through the Maryland underage DUI case process could be intimidating for minors and their parents alike. Since the potential consequences of being convicted for underage drunk driving could be harsh, it may benefit accused individuals to consult a tenacious defense attorney. A well-practiced lawyer could review a person’s case, explain how the case process for minors may go, gather evidence on behalf of the accused, and build their defense case. Contact a Maryland underage DUI lawyer today to learn your rights.