If I got an underage DUI what is my best course of action?

I have not been to court yet. My miranda rights were not read to me when I was and cuffed. I blew a .032.

Asked on December 2, 2011 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under PA law, someone under 21 found to have a BAC over 0.02 is prosecuted as a "High Rate DUI". This means:

  • a prison sentence from 2 days up to 6 months;
  • a 12 month license suspension; and/or 
  • a $500-$5,000 fine.

Additionally there are other factors to be considered:

  • DUI convictions become part of your permanent criminal record and stay with you forever;
  • Your auto insurance are affected;
  • In some cases a DUI conviction can prevent you from certain employment.

The fact is that there are defenses that can be made in such cases, even when a breathalyzer has been given. At this point you should contact a DUI attorney in the area where the arrest occurred. An experienced lawyer can utilize their local contacts within the court system to your best advantage.

Note: A Miranda warning need only be given if you are arrested and then questioned. And the questioning must be more than than which is part of the normal booking process. Typically DUI arrestees are not questioned. If you were, discuss this with your attorney.


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