How to work around the Zero-Tolerance Defense of Underage Drivers

Throughout the United States, the legal driving age at 0.08 percent of Blood Alcohol Concentration (BAC) is considered to be the legal limit among most drivers. That is as far as adults are likely to be considered to be intoxicated. However, this is not the case with drivers who are below 21 years. You get into the world of Zero Tolerance, a legal environment where there is no room to make a mistake.

When the case is an underage DUI or a Zero Tolerance violation, it can seem that nothing can be done. The legislation appears black and white, and as long as you are under 21 and there is any alcohol in your system, then you are guilty. Zero Tolerance is not however, Zero Defense. Knowledge of the subtleties of these laws and technical defectiveness of testing devices is one of the keys to securing the future of a young driver.

States were motivated to create such stringent laws by the National Highway Systems Designation Act of 1995. It therefore makes it illegal in all 50 states to drive with a BAC of 0.02 percent and above by people below 21 years of age. Others impose it more strictly with the limit being 0.01 percent or 0.00 percent, that is, infra red.

It is essential to ensure that there is a difference between a typical DUI and a Zero Tolerance violation. A typical DUI involves demonstration of impairment or BAC of 0.08 percent and above. This has significant criminal punishments, imprisonment, and huge fines. Violation of Zero Tolerance, however, is a frequently-occurring administrative violation that is sparked simply by the presence of alcohol that is typically between 0.01 and 0.02 percent. Though it usually is not as serious as a criminal DUI it mandates the suspension of a license, an insurance premium hike and the creation of an indelible scar on the driving record. The fact that the threshold is so low makes defenses which would not have worked against high BAC arrest become effective and required.

The mouth alcohol factor may be regarded as one of the most important defense strategies. With a legal limit of 0.08 percent, it is hard to have a residual amount of alcohol in the mouth that will cause the test to be skewed to a significant degree. However, at 0.01 percent or 0.02 percent, mouth alcohol is a major defense option. Breathalyzers are made in such a manner that it measures deep lung air which is associated with the amount of alcohol in your blood. Nonetheless, in case a motorist has just applied mouthwash, breath spray, or cough syrup, or has just sneezed, alcohol fumes may remain in the mouth. Such products as Listerine or NyQuil have a lot of alcohol. When a driver sprays himself to cover a smell just before reaching a stop, the breathalyzer can interpret the alcohol gas in the mouth, and not the lungs. Even a sober driver might blow a 0.03 percent due to the mere residue of mouthwash and get arrested on the Zero Tolerance charge.

The margin of error and the calibration is another technical defense. Scientific instruments are not fallacies. Any breathalyzer comes with a margin of error, which typically is approximately 0.005 percent or even 0.01 percent of the breathalyzer, depending on the model and the history of maintenance. A 0.01 percent margin of error in an adult DUI case is not of much help in an instance where you have blown a 0.15 percent. In a case of Zero Tolerance that margin is it all. Assuming a 0.02 percent breath renders a 0.01 percent margin of error in a machine, you will be as low as 0.01 percent in reality. In case the state demands 0.02 percent minimum of the charge, this scientific uncertainty may be sufficient to dismiss the case.

Another phenomenon considered by defense attorneys is the phenomenon of rising blood alcohol. The absorption of alcohol is not immediate; it will require time to get the alcohol to be transferred to the blood after it is absorbed in the stomach. When a driver drinks a drink just before he or she drives and is pulled down soon after the alcohol might still be in his or her stomach and not in his or her blood. But on reaching the station where they are tested to ascertain their chemical content, perhaps an hour later, their BAC might have surpassed the limit. The defense also claims that the driver was operating under the legal driving limit at the moment of driving and that the BAC only surpassed the limit only after the test had been given.

Lastly, the legitimacy of the traffic stop per se will have to be challenged. Prior to an officer being in a position to breathalyze you, he must have a legal basis to stop you. They are not able to pull up young drivers randomly to test them with Zero Tolerance violation. In case the stop was founded on a hunch or profiling and not on a violation such as the driver exceeding speed or a faulty taillight, then all the stop can be considered unconstitutional. In case the stop is unlawful, any evidence obtained in the course of the stop, such as the results of the breath test, should be suppressed. The absence of the test can normally lead to the collapse of the case.

It is easy to see why many parents and young drivers fail to resist the temptation to pay the fine and forget it as a Zero Tolerance violation is not a crime anyway. It is a perilous fallacy. Zero Tolerance violations are automatically suspended in almost all states, commonly between six months and a year. The alcohol violation is taken seriously by insurance companies who have a history of triple or canceling the policies. In addition, although not always a criminal felony, an alcohol-related driving misdemeanor is present in a background check which can hurt college admissions, scholarship and employment prospects.

Zero Tolerance laws are created in order to protect lives, and these rules are not always right since they are applied widely, and responsible young drivers become victims of equipment malfunction or human mistakes. The science of the test is as important as ever due to the BAC limits being so tiny. When a charge is on, do not jump to the conclusion, as a machine indicates you are guilty. Get legal advice of a professional DUI attorney knowledgeable of administrative aspects of underage offences. Fight against your license and your future.