Maryland Underage DUI Cases

Maryland underage DUI cases are tried with significant importance by the court. Fortunately, because of the age of many defendants, the court typically takes a more constructive and grow-based approach. However, that does not mean that the courts would grant mercy on a whim. It is up to you to retain the services of an attorney who could help your son or daughter place their best foot forward and take steps necessary to show the court that they are serious about recovery.

What Should Someone Under 21 Expect to Occur During the Process of Their DUI Case?

All DUI cases, regardless of the age of the defendant, are taken seriously in Maryland, but when someone under the age of 21 is accused of driving under the influence, it is taken even more seriously by prosecutors and by the court. The offense of driving under the influence is considered as a crime that impacts public safety and could put a lot of people at risk, which is why it is considered so seriously. When someone is under 21, not only is that a potential violation of traffic laws and DUI laws, but a violation of Maryland Law by drinking or consuming alcohol under the legal drinking age.

That aggravates the offense in the eyes of most prosecutors and the court system. It is viewed, from a health standpoint, when someone is underage drinking to the point of impairment and then operating a motor vehicle. For those reasons, a person who is under 21 and is charged with a DUI could expect that the case be looked at closely by the State Attorney’s Office and likely be prosecuted thoroughly.

That does not mean that they are automatically going to go to jail or receive the harshest penalty, but it does mean that the prosecution is going to be exceptionally thorough in attempting to find an appropriate resolution. There would likely be serious consequences, but there is room for negotiations for an outcome that would not necessarily harm a person’s future. It should be known that this is not the sort of case that is going to slip through the cracks or be dealt with in a cookie-cutter fashion.

Where Underage DUI Cases Are Heard in Maryland

An underage DUI would be heard in the District Court if the person is over 18. It is treated as a regular criminal charge for someone who is over 21. If it is a first offense, it would still be in District Court. A person who is facing a DUI charge may elect to request a jury trial and have the case move to the Circuit Court, but it would initially be heard in the District Court where any trial would be before a judge.

If it is a second, third, or multiple offenses, the Prosecutor’s Office may choose to indict the defendant and bring the case in the Circuit Court. If someone is under 18, they are a juvenile, and the case would be handled in Juvenile Court (which is a division of the Circuit Court).

Circumstances in which Someone Under 18 Would Be Tried at Circuit or District Court for a DUI

The only circumstances in which a charge against a minor (under age 18) would be heard in District Court or Circuit Court would be if there was an additional charge. For juveniles facing certain gun charges or other serious felony charges, those cases may be in Circuit Court and the juvenile may essentially be tried as an adult. If a minor is charged with a DUI and another offense which would be eligible to be heard in Circuit Court, their DUI charge (which is associated with the other charges) would also be brought in Circuit Court. If they are charged with a DUI alone or the related charges are not one of those specific charges that allow for removal to Circuit Court, then that DUI would remain in Juvenile Court.

How Judges Try and Sentence Underage DUIs

When an underage driver is charged with a DUI, the court attempts to take a more “hands-on” approach. For someone who is over 21 and charged with a DUI, especially if it is their first offense, there is a relatively standard range of penalties. Usually, the person is going to face no jail time but about a year of probation and would have to attend alcohol education classes and face some similar consequences. For a person who is under 21, prosecutors tend to look more closely at the individual characteristics of the person.

The Court tends to have the penalties more individualized to the person’s situation, and that could mean, for instance, if the person has a serious drinking problem, there may be heightened restrictions and heightened requirements of probation to attend certain classes (specific for teenagers and drinking) that someone over 21 might not have to attend.

Usually, it does not mean that the person would go to jail or get more jail time. It often means that conditions of probation is more restrictive, and there may be more responsibilities for an underage person charged with DUI. The courts take a more hands-on approach and actually try to be more rehabilitative in the approach to try to address any underlying issues that may have led to the person receiving the charge. The penalty might not be harsher or more severe, but it is likely more involved and place more responsibility in terms of what the person must do to comply with their conditions of probation.

Contact an Underage DUI Attorney Today

While no one wishes their son or daughter face the courts at any point, mistakes still do happen. When they do, it may be best to have an attorney on your side. Maryland underage DUI cases are taken seriously, and with the help of an attorney, you could help your child produce a more favorable outcome in court. Do not hesitate, reach out and speak with an attorney.