In the State of Minnesota, the laws for Juvenile Drunk Driving differ from those for adults --- and all too often, the accused will not simply receive a slap on the wrist.
Frankly, because these persons are still in the beginnings of their driving lives, courts - hoping to deter
future offenses - often will come down hard. This is why it is important to talk to an experienced Minnesota Juvenile Criminal Defense Lawyer.
Minnesota’s Not a Drop Alcohol Law
Furthermore, for minors that have a higher blood alcohol content than
just a trace, they will find that they face higher punishments. So
those above the limit of .08 will have a higher punishment than someone
with .02 and those with a blood alcohol content of .16 will face even greater punishments than that.
When it comes to minors and alcohol, there two primary laws that
dictate what punishments they will face. While the zero tolerance policy
of the state of Minnesota dictates they will be punished, these laws
dictate what those punishments will be.
This law specifically targets juveniles that are below the age of 18
who get behind the wheel while under the influence. Punishments for
violations of Vanessa’s Law include:
- They cannot obtain a license or learner’s permit until age 18
- Must pay up to $680 in order to receive the license
- Juvenile DWI drivers may also face extra punishments depending on
the nature of the incident and blood alcohol content depending on the
judge’s discretion.
If your child is still a minor, then the Not a Drop Law does not
specifically pertain to them. This law advises punishments on those who
are above 18 years of age, but below the legal drinking age of 21 years
old. Punishments for violating the Not a Drop Law include:
- Revocation of driver’s license for up to 30 days or more
- Replacement with a limited or temporary license that has provisions to prevent further DWI incidents.
- Additional punishments may be added depending on the nature of the
incident and the blood alcohol content at the judge’s discretion.
If you are in the Minneapolis area and
need representation for an underage DWI or even for a DWI for those
above the age of 21 years old, contact the Rolloff Law Office to see what we can do for you. Call today: (612) 234-1165.
If you are a parent of a child who has been charged with a crime, an experienced Minnesota Criminal Defense Attorney can help you through this (often) overwhelming and frightening experience.
Apart from consequences that may result from a prosecution (including: court ordered community service or counseling, time in a juvenile detention facility, or time in an adult jail or prison,) parents often fear for the long-term problems that a criminal record can impose on their child. In particular, when it comes to furthering their education, the search for a job, and their later lives as adults and contributing members of our society.
What You Need to Know
How a juvenile crime will be treated on a person’s record will depend on the nature of their case.
Juvenile records: In most juvenile crime cases handled by a juvenile court in the State of Minnesota, cases are sealed from public view. There are some exceptions, including when an offense would be considered a felony if child was at least 16 years of age. Most of these juvenile offenders will be able to petition for an Expungement, or sealing, of a criminal record when they become adults.
In cases where no charges were filed and only an arrest appears on record, juveniles who remain out of trouble for 10 years will have the arrest expunged from their record without having to file a petition
Juveniles tried as adults / charged with felonies: In cases where juveniles were charged as adults or where the offense would have been considered a felony had the child been at least 16 years old, a petition for expungement must be completed. Juveniles may qualify for an Expungement if charges were dismissed, juveniles were not found guilty, or a guilty plea was not entered. Even in cases where a juvenile was found guilty, you can still file a petition and request the court to consider an Expungement of arrest, court, or conviction records.
Expungement: Sealing a criminal record can be a complicated process, and it is one that varies from case to case depending on the age of an individual and the unique set of facts involved. Therefore, when I work on cases like this --- we work to secure outcomes that will increase the odds of pursing an Expungement - later.
The Rolloff Law Office has a lot of experience handling juvenile crime and juvenile Expungement matters, and we are prepared to help you better understand if your child may be eligible for this releif. To discuss your case with an attorney from our firm during a free consultation, contact us today: (612) 234-1165
