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Underage DUI Respected Defense Attorneys Serving Boston & Beyond

Juvenile OUI/DUI Attorney in Brockton

Empowering Brockton's Youth with Robust OUI Defense

When a juvenile or underage driver faces OUI charges in Brockton, commonly known as DUI, the stakes are incredibly high. Degiacomo & Mikhlin, P.C. understands the unique challenges that come with operating under the influence cases and provides dedicated legal representation to protect the future of young residents. 

Our team is available 24/7, ensuring that both the individual and their family have access to critical support and legal guidance. Recognizing that each case is unique, we tailor our approach based on the specifics, whether it is a first-time offense or involves repeat interactions with law enforcement. We believe in not just defending but also educating our clients and their families to help prevent future incidents.

Let our juvenile OUI/DUI attorney in Brockton, a former prosecutor, guide your family through the legal process. Free consultations available now—call (617) 941-3666 or contact us online.

Understanding Massachusetts Underage OUI/DUI Laws

In Massachusetts, a "minor" refers to any individual under the age of 21. Because minors are not legally permitted to consume alcohol, Massachusetts has enacted specific laws to address underage drinking and driving, distinct from the adult OUI statute (Massachusetts General Laws Chapter 90, Section 24).

"Zero Tolerance" Law (BAC of 0.02% or greater)

This is the primary statute for underage OUI charges when alcohol is involved. It is a "Zero Tolerance" law.

If you are under 21 years old and are arrested for Operating Under the Influence (OUI), and register a Blood Alcohol Concentration (BAC) of 0.02% or greater, your learner's permit/driver's license or right to operate will be suspended by the Registry of Motor Vehicles (RMV).

This suspension is immediate and administrative, taking effect at the time of arrest upon failing a breathalyzer test.

Standard OUI (BAC of 0.08% or greater, or impaired by drugs/alcohol) - M.G.L. c. 90, § 24:

Even though the Zero Tolerance law exists, a minor can still be charged with the more serious standard OUI offense (the same charge adults face) if their BAC is 0.08% or greater, or if they are otherwise impaired by alcohol or drugs to the extent that their ability to operate a motor vehicle safely is diminished.

A first offense OUI for a minor is generally a misdemeanor, but carries significantly harsher penalties than a Zero Tolerance OUI. Jail time is a possibility for a standard OUI conviction. An underage OUI attorney in Brockton will distinguish these charges.

Consequences of Underage OUI/DUI in Brockton

Penalties for underage OUI in Massachusetts are designed to deter future violations and underscore the seriousness of driving under the influence. Potential consequences include:

  • License Suspension: Suspension of the driver's license for up to three years, depending on the circumstances. A suspended license can significantly impact daily life, affecting school attendance, work commutes, and social activities. Exploring avenues for hardship licenses or alternative transportation is something we advise on.
  • Fines & Fees: Imposition of substantial fines, along with court costs and additional fees. These financial burdens can strain families, and understanding the full scope of potential financial repercussions helps in managing expectations.
  • Mandatory Education: Enrollment in alcohol education programs is often mandatory, aiming to educate about the risks and consequences of impaired driving. Such programs are an opportunity for personal growth and better decision-making moving forward.
  • Criminal Record: An OUI conviction can lead to a permanent blemish on one's criminal record, potentially influencing college admissions or job prospects. Our goal is to minimize this impact and seek alternative resolutions that promote rehabilitation rather than punishment.

The implications of a juvenile OUI conviction can be severe, affecting educational opportunities, driving privileges, and future employment. Enlisting the help of a skilled juvenile OUI/DUI attorney in Brockton can make a critical difference in the outcome of these cases. Additionally, a conviction might lead to increased insurance premiums or even cancellation of insurance in some cases. It's essential to be aware of these potential impacts and to consider long-term ramifications when deciding on legal strategies.

Protective Defense Strategies for Juvenile OUI Cases

At Degiacomo & Mikhlin, P.C., our approach to juvenile DUI defense is multifaceted and compassionate. We employ defense strategies that consider each unique situation:

  • Challenging Arrest Legality: Review the circumstances of the arrest for any procedural errors or rights violations. We meticulously assess whether there was probable cause for the stop and if all interactions were conducted within legal frameworks.
  • Questioning Test Accuracy: Scrutinize the validity of breathalyzer and field sobriety tests. Understanding how these tests are administered and their potential for error is crucial in questioning their reliability.
  • Negotiating Alternatives: Seek diversion programs or reduced charges for eligible juveniles. These programs might include community service or rehabilitation, which serve the dual purpose of accountability and education.
  • Personalized Defense Plans: We develop tailored defense plans that align with our client’s specific circumstances and needs, ensuring that each case is addressed with the creativity and diligence it deserves.

This tailored approach ensures that the defense aligns closely with the specific needs of the young client and their family. We remain committed to protecting the rights and futures of young residents, working diligently for outcomes that focus on rehabilitation and education.

How a Juvenile OUI Lawyer in Brockton Can Help My Case

A juvenile OUI lawyer in Brockton brings valuable insight into both the juvenile justice system and the specific legal standards surrounding OUI charges. These attorneys assess the facts of the case, scrutinize field sobriety tests and police procedures, and construct a defense aimed at reducing charges or dismissing them altogether. They may also pursue plea deals or diversion programs that emphasize rehabilitation over punishment. Through personalized advocacy, they help ensure the juvenile receives fair treatment and a chance to learn and move forward without unnecessary hardship.

Contact Us for Compassionate OUI/DUI Defense

Our dedicated team, with a unique perspective as former prosecutors, is committed to offering guidance and vigorous defense to protect your family's rights and minimize the long-term impact of these charges. Let us be your ally in navigating this challenging time, providing the support, clarity, and legal defense you need to move forward. 

During our initial consultation, we aim to alleviate concerns and map out a clear defense strategy tailored to your family's needs and goals.

Don't let a juvenile OUI in Brockton define your child's future. Contact Degiacomo & Mikhlin, P.C. at (617) 941-3666 for a consultation. 

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What Makes This Firm Different?

Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
  • Available to Clients 24/7
  • Nearly a Decade of Legal Experience
  • Successfully Defended Hundreds of Clients
  • Former Prosecutors & Knows How That Side Thinks
  • Represented Clients in MA District, Superior, & Appellate Courts

Noteworthy Case Results

Focused on Getting You the Best Possible Outcome

James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!

  • Case Dismissed April 2019 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Brockton District Court
  • Dismissed April 2021 Case Result – Hingham District Court
  • Resolved Without Admission of Wrongdoing April 2021 Case Result – Malden District Court

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