Is there a reason a prosecutor wouldn’t drop an underage drinking charge if there is a DWI charge as well?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a reason a prosecutor wouldn’t drop an underage drinking charge if there is a DWI charge as well?
I’ve heard that since the DWI far consumes the underage drinking, it is possible that if someone pleads guilty to the DWI (accepting Level 5 charges), they’ll drop the underage drinking charge as part of a plea bargain. Besides factors specific to individual cases, are there reasons a prosecutor might refuse to do this?
Asked on January 13, 2012 under Criminal Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Underage drinking may be less serious than DWI/DUI, but it's a completely different charge, rather than a lesser included charge or a something which is de facto (even if not officially) a lesser version of DWI. Whether you are an underage drinker has nothing to do with you are DWI, and vice versa. So, for example, say somone broke into a house to rob it and in the process killed someone--he'd be charged with both manslaughter/murder and with breaking and entering, since they are wholly separate offenses.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.