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Underage DUI

Underage DUI Attorney in Windham County

A Family’s Guide to Underage DUI Charges in Windham County

If your child or teenager has recently been charged with driving under the influence in Windham County, you are likely feeling a mix of shock, confusion, and worry about what comes next. 

At this critical time, understanding both the immediate steps to take and how having a dedicated underage DUI attorney in Windham County on your side can help make a difference is essential.

At The Law Office of Jerome Paun, we offer more than forty years of criminal defense experience to families in Windham County. Our reputation for compassionate counsel and vigorous advocacy has been recognized by the legal community, as well as the families we have served.

Secure the experience of a firm with over 40 years of experience. Call a proven underage DUI attorney in Windham County now at (860) 455-4202 or reach out online for a free consultation.

Understanding Connecticut's Underage DUI Laws

Connecticut law treats drivers under 21 years old under a strict, separate statute from adult DUI, creating a dual system of penalties.

The Zero Tolerance Law (C.G.S. § 14-227g)

This statute governs the administrative penalty enforced by the Connecticut Department of Motor Vehicles (DMV).

  • BAC Threshold: 0.02% or higher.
  • Proof Required: The officer only needs to prove that the driver was under 21 years old and had a BAC of 0.02% or higher, regardless of whether the driver was actually impaired.
  • Penalties: For a first offense, the administrative penalty is a 45-day driver's license suspension, followed by the mandatory installation and use of an Ignition Interlock Device (IID) for one year. Refusal to submit to a chemical test (breath, blood, or urine) results in a longer administrative suspension of 45 days, followed by IID use for two years.

The Criminal Misdemeanor (C.G.S. § 14-227a)

If the minor's BAC is 0.08% or higher, or if the officer establishes actual impairment through evidence like Field Sobriety Tests (FSTs), the minor can be charged with the same misdemeanor DUI as an adult.

  • Criminal Penalties (First Offense): This charge is punishable by up to six months in jail (with a mandatory minimum of 48 hours), a fine of up to $1,000, and mandatory probation.

A skilled Windham County underage DUI lawyer must fight both the immediate DMV suspension and the underlying criminal charge simultaneously.

The Dual Legal Battle: DMV and Criminal Court

In Connecticut, an underage DUI triggers two separate legal actions that run parallel and require immediate attention.

The DMV Administrative Per Se Suspension

The administrative suspension process is triggered immediately upon arrest.

  • 15-Day Deadline: You have only 7 days from the date of arrest to request an administrative hearing with the DMV to challenge the suspension. Failure to act within this narrow window results in an automatic license suspension.
  • The Hearing: The scope of the hearing is limited to three questions: 
    • Did the police have probable cause for the arrest? 
    • Was the defendant operating the vehicle? 
    • Did the test result show a BAC of 0.02% or higher, or did the driver refuse the test?

We immediately file the appeal, prepare for the hearing, and attack the officer's probable cause for the initial stop or the validity of the chemical test results to prevent or delay the license suspension.

The Criminal Court Case

This process determines guilt or innocence regarding the criminal misdemeanor charges. Our primary goal is to prevent a criminal conviction, which is essential for protecting the client's permanent record.

We focus on negotiating the charge down to a non-DUI offense or securing entry into the Pretrial Alcohol Education Program (AEP).

Key Defense Strategies for Underage DUI

Our over 40 years of experience allows our firm to employ targeted strategies that exploit the technicalities of Connecticut's Zero Tolerance laws and the police's required procedures.

  • Challenging the Initial Stop (Fourth Amendment): The police must have reasonable suspicion to stop a vehicle. If the officer lacked a legal basis (e.g., swerving or speeding), all evidence collected afterward, including the BAC tests and FSTs, may be suppressed in court.
  • Attacking the Chemical Test Reliability: Because the 0.02% threshold is so low, even minor procedural errors can invalidate the test. We challenge the reliability of the breathalyzer results by scrutinizing:
  • The 15-minute Observation Period: Officers must observe the driver for 15 minutes prior to the test to ensure no regurgitation or foreign substances (like mouthwash) interfere with the result.
  • Machine Calibration: We review the machine's maintenance and calibration records to prove the device was faulty or inaccurately maintained.
  • Rising BAC Defense: We may argue that the driver's BAC was still rising at the time of the test and was below 0.02% or text 0.08% when they were actually operating the vehicle.
  • Securing the Alcohol Education Program (AEP): For first-time offenders, the AEP is a crucial goal. If granted and successfully completed, the criminal charges are dismissed, and the arrest record may be expunged. We aggressively petition the court for the client's admission into this diversionary program.

What To Do After an Underage DUI Arrest

Quick action after an underage DUI arrest helps protect your child's legal rights and emotional well-being. The early steps you take can greatly influence both the process and the long-term outcome. We recommend families focus on safety, support, and gathering reliable information immediately after an arrest.

Key steps to take after an underage DUI arrest:

  • Stay calm and seek accurate information: Listen to your child and support them emotionally, while waiting to discuss details until you obtain full information.
  • Contact an underage DUI attorney in Windham County right away: Early legal advice can prevent avoidable missteps and help build a strong defense.
  • Do not let your child speak with police or school authorities without a lawyer: Statements can be used during the case, so it’s vital to have guidance first.
  • Keep careful records of court documents and schedules: Missing a hearing or deadline can lead to added complications or penalties.
  • Ask about local intervention or diversion programs: The Windham Juvenile Matters Court may have resources that help eligible minors avoid a lasting criminal record.

Our attorney supports families throughout the process, answers urgent questions, and communicates clearly with the court and all involved parties. We aim to ease your stress while safeguarding your child’s legal interests.

Why Families Choose Our Underage DUI Lawyer in Windham County

Families rely on The Law Office of Jerome Paun because of our proven success and local insight. Our attorneys’ longstanding service in Eastern Connecticut has built lasting relationships within Windham County’s court system and community.

We stand out for our blend of legal skill and a client-focused approach. Our attorney has been honored as one of Connecticut’s Top 100 Criminal Defense Attorneys and has consistently received Clients’ Choice awards for outstanding service. These recognitions reflect not just our results, but our dedication to guiding every client with honesty and genuine care.

Our team offers non-judgmental guidance, drawn from years of successfully defending underage DUI cases in Windham County. You receive clear information, affordable fee options, and an unwavering focus on preserving your child's reputation and future opportunities.

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What Sets Us Apart From The Rest?

The Law Office of Jerome Paun is here to help you get the results you need with a team you can trust.

  • Top 100 Criminal Defense Attorney: Recognized Excellence Since 2014
    The National Trial Lawyers and American Society of Legal Advocates have recognized Attorney Jerome Paun as a Top 100 criminal defense attorney since 2014.
  • Your First Step to Justice: Free Initial Consultation for New Clients!
    All of our new clients are entitled to a free initial consultation. Call or email now!
  • Decades of Expertise: Navigating Legal Challenges for Over 40 Years
    Attorney Paun has over 40 years of experience helping people in trouble.
  • Comprehensive Defense: Protecting Your Rights Against Serious Charges in Connecticut Courts
    We defend adults and juveniles against all serious felonies, misdemeanors, and OUI's in Connecticut courts.

How Our Team Defends Underage DUI Charges in Windham County

Every underage DUI case is unique, requiring a defense tailored to your child’s situation. At The Law Office of Jerome Paun, our approach combines thorough investigation with deep knowledge of the Windham Juvenile Matters Court system and Connecticut juvenile laws.

Our local defense approach includes:

  • Reviewing police procedures and evidence for errors or rights violations
  • Challenging unreliable test results or improper protocols
  • Identifying opportunities for early intervention, diversionary programs, or adjusted charges
  • Protecting your child’s privacy in school and court environments
  • Minimizing the risk of a criminal record or extended penalties

We work closely with families to explain each available option, prepare for court, and pursue the best possible result. With over forty years of experience, we know what local judges and prosecutors look for when resolving cases involving minors.

Frequently Asked Questions

How can your team help reduce the impact of an underage DUI on my child’s record?

We focus on minimizing the long-term impact of an underage DUI by thoroughly examining the case and advocating for solutions that protect your child’s future. Because we know the Windham Juvenile Matters Court and Connecticut juvenile process, we often pursue diversion programs, expungement opportunities, or reduced charges—when the circumstances permit. While outcomes depend on the facts and court decisions, our goal is to help your child move past this mistake without a lasting record.

Will my child have to appear in court here? What can we expect?

Underage DUI cases are typically handled by the Windham Juvenile Matters Court, and most minors will need to attend court, usually with a parent or guardian. The process often includes an initial appearance, pretrial conferences, and sometimes hearings or trials if the matter cannot be resolved. Our team prepares your family for each step, explaining court expectations and ensuring your child’s rights are protected throughout the process.

How does your attorney communicate with families during a case?

Our attorney values clear and regular communication with families throughout the case. We provide updates after major developments, answer questions by phone or email, and ensure you always know what to expect next. Open dialog helps reduce anxiety and ensures everyone is informed and supported from start to finish.

Can you work with local schools if disciplinary action is taken?

We recognize that an underage DUI can lead to school-related consequences in Windham County. If your child’s school begins its own process, we can advise you on effective communication and, when appropriate, engage with school officials to address mitigating factors. Our aim is to protect your child’s educational position and work with families throughout both court and school proceedings.

What makes your approach different from other underage DUI lawyers in Windham County?

Our approach sets us apart through more than forty years of experience, repeated recognition such as Top 100 Criminal Defense Attorney and Clients’ Choice awards, and a focus on compassionate, results-driven advocacy. We keep your family’s needs front and center and use our extensive knowledge of Windham County courts to deliver solutions tailored to your child’s case.

What will it cost to hire your team for an underage DUI defense?

We believe in clear and affordable fees for families navigating underage DUI defense. After our initial conversation, we provide a straightforward explanation of all anticipated costs—so you know what to expect before moving forward. We strive to make high-quality defense accessible in Windham County and can discuss available payment options with you during your consultation.

Protect Your Child’s Future With Our Help

If your family is facing an underage DUI in Windham County, you do not have to go through it alone. Taking action with a knowledgeable advocate helps position your child for the best possible outcome, from eligibility for intervention programs to protecting academic and career prospects.

To discuss your child’s situation, call (860) 455-4202 or contact us online to speak directly with our attorney and learn how we can support your family.