Driving under the influence, also known as DUI, is a serious issue in Georgia. For minors, the laws surrounding DUI are even stricter than those for adults. If your child is caught driving after drinking alcohol, you may find yourself with many questions. Understanding the DUI testing process for minors in Georgia can help alleviate some of your concerns. This guide is intended to answer common questions parents might have and provide an overview of how DUI testing for minors works in the state of Georgia. At, Willis Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
BadAss Attorney
Best DUI Lawyers
DUI Defense Lawyers - Board of Directors
10 Consecutive Years Selected to Super Lawyers
Best Lawyers In America
AV Prememinent
AVVO 10
AVVO Client's Choice
AVVO
Best Lawyers Best Law Firms
What is DUI Testing for Minors?
DUI testing for minors is a legal process used to determine whether a young driver has consumed alcohol or drugs while operating a vehicle. In Georgia, the legal drinking age is 21, so any minor caught drinking and driving is subject to severe consequences. Testing typically involves the use of breath, blood, or urine tests to measure the amount of alcohol or drugs in a person’s system.
One key difference between adults and minors when it comes to DUI laws is the blood alcohol concentration (BAC) limit. For adults over 21, the legal limit is 0.08 percent. However, for minors under 21, the limit is much lower at 0.02 percent. This means even a small amount of alcohol can result in a DUI charge for a minor. Understanding this can help parents grasp why their child may face legal trouble, even if they only had one drink.
When Can DUI Testing Occur?
DUI testing for minors can take place under several circumstances. If a law enforcement officer suspects that a minor has been drinking or using drugs while driving, they can stop the vehicle and request a test. Officers often look for signs like erratic driving, swerving, or failing to obey traffic signals. These actions give them probable cause to stop the vehicle and investigate further.
If an officer has reason to believe that a minor has been drinking, they may ask the driver to submit to a field sobriety test. This can involve simple tasks like walking in a straight line or standing on one leg. If the driver fails the test or exhibits other signs of intoxication, the officer may then request a chemical test to measure the driver’s BAC.
In Georgia, the state follows an implied consent law. This means that by driving on Georgia roads, drivers are automatically agreeing to submit to chemical testing if requested by law enforcement. Refusing to take a breath, blood, or urine test can result in an automatic suspension of the driver’s license, even if the person has not been drinking.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
How Do Breath, Blood, and Urine Tests Work?
When a minor is stopped for suspected DUI, there are different types of tests that law enforcement officers may use to determine whether the individual has alcohol or drugs in their system. Each type of test has its own procedures and methods for measuring intoxication.
Breath tests are the most common form of DUI testing and involve the use of a device called a breathalyzer. The driver blows into the device, and it measures the alcohol content in their breath. Breath tests are quick and easy to administer, but they are not always 100 percent accurate. Factors like medical conditions or improper use of the device can sometimes affect the results.
Blood tests, on the other hand, are more accurate than breath tests. In this type of test, a small sample of the driver’s blood is taken and analyzed in a lab to determine the exact level of alcohol or drugs present. Because blood tests are more invasive, they are usually only administered in situations where more precise measurements are needed or if the driver refuses a breath test.
Urine tests are another option, though they are less commonly used for DUI testing. In this type of test, the driver is asked to provide a urine sample, which is then analyzed for traces of drugs or alcohol. While urine tests can detect drugs like marijuana or other controlled substances, they are less reliable than blood or breath tests for determining a person’s current level of intoxication.
What Happens If a Minor Fails a DUI Test?
If a minor fails a DUI test, there can be serious legal consequences. Georgia has strict penalties for minors caught drinking and driving, and the consequences can have long-lasting effects on a young person’s future. These penalties can include fines, community service, mandatory attendance in an alcohol education program, and even jail time in some cases. One of the most immediate consequences is the suspension of the driver’s license. For a first offense, a minor may face a six-month suspension, while repeat offenses can lead to longer suspensions.
In addition to the legal penalties, there may be other consequences as well. A DUI conviction can affect a minor’s ability to obtain scholarships, be admitted to certain colleges, or even secure a job in the future. It is important for parents to understand the gravity of these charges and take steps to protect their child’s rights throughout the legal process.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.” - Travis Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case." - James Hellens Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way." - Anonymous
Can a Minor Refuse DUI Testing?
Under Georgia’s implied consent law, drivers—including minors—are expected to submit to chemical testing when requested by law enforcement. However, some minors may choose to refuse a DUI test. While this may seem like an option to avoid penalties, it often leads to more severe consequences.
Refusing a DUI test can result in an automatic suspension of the driver’s license for up to one year, regardless of whether the minor was actually intoxicated. In addition, refusal to take a test can be used as evidence in court, potentially leading to more serious penalties if the case goes to trial. It is important for minors and their parents to understand that refusing a test is not always a wise choice and can complicate the legal process.
Related Videos
Choosing a Georgia DUI Attorney
Defenses and Strategies to Defend a DUI Charge
What Should Parents Do If Their Child Is Charged with a DUI?
If your child is charged with a DUI in Georgia, it is normal to feel overwhelmed and unsure of what to do next. The legal process can be complicated, and the penalties for DUI are strict. However, there are steps parents can take to protect their child’s future.
The first step is to seek legal representation. DUI charges are serious, and having the right legal help can make a big difference in the outcome of the case. An experienced attorney can help navigate the legal system, challenge the results of the DUI test, and work to reduce the penalties your child may face.
Parents should also be prepared to support their child through the process. This might involve helping them understand the consequences of their actions, ensuring they comply with any court-ordered programs, and encouraging them to make better choices in the future. While a DUI charge can be frightening, it is not the end of the road for your child, and with the right support, they can learn from their mistakes and move forward.
What Are the Long-Term Effects of a DUI Conviction for Minors?
A DUI conviction for a minor can have far-reaching consequences beyond the immediate penalties imposed by the court. One of the biggest concerns for many parents is how a DUI conviction will impact their child’s future. A criminal record can follow a person for the rest of their life, affecting everything from college admissions to job opportunities.
For minors who are still in school, a DUI conviction may result in disciplinary action from their school, such as suspension or expulsion. It can also affect their ability to participate in extracurricular activities or sports programs. In some cases, a DUI conviction may make it difficult for a student to qualify for scholarships or financial aid, which can have a significant impact on their education.
In the workforce, a DUI conviction can make it harder for a young person to find employment. Many employers conduct background checks as part of the hiring process, and a criminal record can be a red flag for potential employers. This is especially true for jobs that involve driving or operating heavy machinery, where a clean driving record is often required.
How Can DUI Charges Be Challenged?
While DUI charges for minors are serious, they are not always cut and dry. There are several ways that DUI charges can be challenged in court. For example, the accuracy of the breath, blood, or urine test can be questioned. If the test was administered incorrectly or the equipment was faulty, the results may be invalid.
In some cases, law enforcement officers may not have had probable cause to stop the vehicle in the first place. If the initial traffic stop was unlawful, any evidence gathered during the stop—including the results of a DUI test—may be thrown out. These are just a few examples of the ways that DUI charges can be challenged in court, which is why it is so important to have a knowledgeable attorney on your side.
If your child has been charged with a DUI in Georgia, it is crucial to seek legal representation as soon as possible. At Willis Law Firm, we understand how frightening and stressful this situation can be for families. Our team is committed to providing the support and guidance you need to navigate the legal process and protect your child’s future. Contact Willis Law Firm today for a consultation and let us help you through this challenging time.