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The consequences of underage drinking and driving accusations

On Behalf of | Jul 5, 2018 | Drunk Driving, Firm News |

In the state of Nebraska, the legal limit for drinking and driving is a blood alcohol content of .08 percent. However, this law only applies to those who are age 21 or older. For drivers who are under 21, any amount of alcohol in their system could result in serious legal consequences.

All states in the U.S. have zero tolerance laws. These statutes make it illegal for individuals who are under 21 to buy alcohol, possess alcohol or drive after consuming an alcoholic beverage. Under the National Highway Systems Designation Act of 1995, drivers in Nebraska who are under the age of 21 can be taken into custody if they have a BAC of more than .02 percent. Under this law, police officers do not have to prove that the underage driver was under the influence of alcohol as long as they were above this limit.

The laws are designed to combat the dangers of underage drinking and driving. According to the National Highway Traffic Safety Administration, nearly 33 percent of all deaths of individuals between the ages of 15 and 20 are caused by car accidents. Of these fatal car accidents, approximately 35 percent involve alcohol.

For drivers who are both underage and of age, being accused of drunk driving can result in serious legal consequences. These ramifications could include jail time, a loss of driving privileges and heavy fines. For those who are younger than age 21, a drunk driving accusation could have consequences when it comes to the person’s schooling. However, a criminal law attorney may challenge drunk driving accusations using a number of defense techniques. For example, the attorney may challenge the results of DUI tests that were done at the scene, especially if the breathalyzer test was not calibrated properly.