If you have a teenager that is old enough to drive, you're probably aware of the danger of teenage alcohol use, and you've warned your teen not to drink and drive. However, even the most conscientious and responsible teens can have a lapse in judgment, just as many adults do. It's important that you and your teen know what to do if your teen is ever pulled over for a DUI.
Always Remain Silent
Any defense lawyer will tell you that your best course of action when dealing with the police is to invoke your right to remain silent until your attorney arrives. However, teens may not be aware that they have this option. Minors are more likely to acquiesce to the request of an authority figure. And many parents are under the mistaken impression that the police can't talk to a minor without a parent present, so they don't realize they need to tell their teens to invoke their right to remain silent.
The reality is that while the police are obligated to notify the parents when their minor child is taken into custody, they do not necessarily have to alert the parents when a teen has only been detained. A roadside stop is an example of being detained – your teen is not in custody until they're actually arrested. Police can question a teen who is being detained without calling their parents. Teach your child that if they're detained by the police for any reason, including during a roadside stop, they should be polite and cooperative, but aside from giving their name and asking for a parent and a lawyer, they should invoke their right to remain silent when being questioned by the police. If your teen calls you from the road when being pulled over, remind them of their rights.
You, as the parent, should also remember to remain silent. If you're summoned to the police station to accompany your teen during questioning, remember that if you're left alone in a room with your child, there may still be a camera or recorder capturing your conversation. Conversations between parents and children are not privileged, and a recorded conversation could be used against your teen in court. The police station is not the place to hash out the details of the night – save it for home or your attorney's office, and just focus on getting your teen out of there.
Be Prepared For More Charges
While both adults and teens can be charged with a DUI, charges for teens can be more complicated, because there are other charges that may accompany the DUI. Your teen could be facing charges of underage drinking, being a minor in possession of alcohol, or possession of a false ID. If your teen had other teenagers in the car with them, they could even face child endangerment charges. And of course, they could be charged with various moving violations, depending on how they were driving when they were pulled over.
It's important for you to find out as many details as you can from your teen so that you can anticipate what charges may be filed. Your teen may be arrested for DUI, but other charges could be filed later on. You'll need a DUI attorney who has had experience working with teenagers charged with DUI and who understands how various charges might intersect and affect your teen's legal outcome.
Be Aware of Defenses
As a parent, it's understandable that you might be angry and disappointed in your teen for choosing to drink and drive. You may be tempted to have them plead guilty and let the court system punish them. But you should know that the consequences of a DUI can impact them for a long time. Your teen can lose their ability to drive, which can impact their ability to hold a job or participate in extracurricular activities in school. Your teen will end up with a criminal record that could follow them for years, possibly preventing them from getting a job, renting an apartment, or getting into the college of their choice. Your teen, like any defendant, is legally entitled to a vigorous defense, and it's important to see that they get it to prevent consequences that exceed the seriousness of the charges.
There are several possible defenses to a DUI. For example, breathalyzer tests can be challenged in court. The results of a breathalyzer test may not be reliable. If the breathalyzer machine was not calibrated on schedule, or if the officer lacked training in giving breathalyzer tests, the results of the test could be thrown out. A breathalyzer could even be ruled an illegal search if the officer didn't have a good reason to pull your teen over or probable cause to suspect intoxication in the first place.
Another option is to negotiate a plea deal with the prosecutor. This would involve your teen pleading guilty or no contest and avoiding a trial, in return for a reduction in charges or penalties. For example, your teen could agree to a charge of reckless driving instead of DUI, which would still carry penalties, but would be a less damaging mark on your child's record.
Your teen needs a professional legal defense as much as you would if you were in their shoes. If your teen calls you from the road or the police station to tell you that they've been pulled over or arrested for DUI, your first call should be to a good DUI attorney in your area.
