Violation: Driving Under the Influence, 2nd Offense; Underage Driving While Impaired, and Underage Consumption of Alcohol
Result: Pre-Trial Diversion with no conviction, no jail time and no loss of license if client does not commit another offense for 12 months
Additional Details: Defendant submitted to a blood test for the purpose of determining his blood alcohol content, which was reported by the TBI laboratory to be .23 (almost triple the legal limit for adults and ten times the legal limit for individuals under that age of 21). After an investigation, it was uncovered that the alleged prior conviction occurred while the Defendant was under the age of 18 and therefore could not be used to enhance him to a second offender for the purposes of the DUI law. Although the Defendant was charged with both the adult and underage versions of DUI, he could only be convicted of one of the offenses. The offense of underage driving while impaired is eligible for both judicial and pre-trial diversion. Our firm confirmed through the TBI data base he was eligible for diversion and negotiated an agreement to enter pre-trial diversion. This means as long as the 20 year old commits no offenses within the next year, he will not be convicted of any offense, receives zero jail time and has no loss of license.