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Lawboop, Lawyer
Category: Criminal Law
Satisfied Customers: 364
Experience:  Over ten years of legal experience, criminal defense counsel on regular and mental health docket.
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my son is 17 and got charged with a dui in north carolina can

Resolved Question:

my son is 17 and got charged with a dui in north carolina can he get out of it or what is the least i can expect to happen
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawboop replied 7 years ago.

He is a minor an subject to the zero tolerance law. The .01 is above zero. He can be charged. But, you are right, it is close.

Now, if you wan to fight the testing you will need excellent counsel and that counsel will need to hire an expert. The law presumes the test is accurate, your obligation to defeat that presumption. It is incredibly expensive.

Here is a link to North Carolina General Statute 20-138.3 regarding underage DUI.

What you can expect. It is a Class 2 misdemeanor. He will get significant community service time (over 60 days), he will most likely be referred to an education program, he will lose his righ to a license until age 21. Because he is 17, he is not eligible for hardship driving until 18.

If you want to fight, get good counsel skilled in DUI defense. This is a link to the North Carolina Lawyer Referral Service where skilled counsel with significant experience are listed and agree to offer a low or no cost initial consultation. This is a better source to look for a lawyer than a phonebook.

Customer: replied 7 years ago.
so do you think there is any chance of some type plea agreement. I doubt I have the money to fight it.
Expert:  Lawboop replied 7 years ago.

That question cannot be answered here. There are to many variables. I will tell you the statute in North Carolina specifically states it is not a "lesser included offense" of another statute, that limits the ability to knock down the charge. If it is his first offense, and he does what he is supposed to do, usualy there is a lower punishment.

Still, go and get an initial consultation through the bar association link I gave you and talk to local counsel.
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