Because underage drinking and driving is charged if the driver has any alcohol in their system, the possible defenses are limited, but there are still options. The most common defenses are on constitutional grounds such as the police officer having no reasonable suspicion to make the initial traffic stop or not having probable cause to take a person into custody for sobriety testing. If a constitutional violation occurred, dismissal of the charges is likely. Another common defense is that there is no proof that the alleged “driver” was not in physical control of the car — this is typically available where police make an arrest even though the car was parked or when they arrive at an accident scene after the fact.

Each case is unique, and we encourage you to contact The Schill Law Group to discuss the specific circumstances regarding your case. Our team of experienced criminal defense attorneys includes former prosecutors and a former judge, so we have the knowledge to attack the charges against you from any angle. We also offer one fee representation so you never have to worry about paying more to exercise your constitutional right to take your case to trial. Call us now at (480) 631-9371 to schedule a free consultation.