Legal Question in DUI Law in Ohio

Underage Drinking

I was at a party last weekend, and got caught by the cops with underage consumption. I only had 4 1/2 beers, and they arrested me. Gave me a breathilizer but didnt tell me what i blown. This is my first offense. I got a court date tomarrow, how should i plead? and what should i say to the judge?


Asked on 11/13/07, 3:50 pm

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: Underage Drinking

There are a few important things I would need to know before being able to advise you of anything. First, how old are you? If you are under 18, you will be in juvenile court, and things are different (and generally less serious, since the goal is to help you and not necessary punish you) there. If you are 18 or older, then you are probably in municipal court.

Second, have you had any other charges against you in the past besides underage consumption? If you have, this can affect whether a prosecutor is willing to cut you a deal and what sentence a judge will give you.

They have charged you with underage consumption, not a DUI, so the BAC isn't as important as the fact that you consumed anything. Generally speaking, underage cases can be hard to fight, especially if the BAC shows you had even just a little alcohol in your system.

What I would recommend you doing is scheduling an appointment with a lawyer to discuss your situation and the charges against you. He or she can explain the consequences of pleading guilty to the underage consumption as opposed to a plea deal. If you decide to hire him or her, the lawyer can also speak with the prosecutor to try to get you a plea deal. Since you have a court date tomorrow, if you want to have the chance to talk with an attorney, you can either go in and ask for a continuance to obtain counsel or plead "not guilty," which will cause the court to schedule a pre-trial (and buy you time to contact a lawyer).

If you have any further questions, feel free to contact me.

Read more
Answered on 11/13/07, 4:08 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Ohio