Carolina Criminal Defense & DUI Lawyer UpdatesCriminal defendants expect the legal system to deliver fairness. Our courts are designed to deliver legal compliance with the laws of the State of North Carolina, our state 
constitution, and the US Constitution, not necessarily fair results or what some facing criminal charges might believe is just or true “justice.”
A prosecutor can legally offer a favorable plea to one defendant while demanding jail time for another charged with a very similar offense. Absent obvious discrimination based on protected characteristics or clear constitutional violations, prosecutorial discretion is substantial.
Judges can sentence different defendants to vastly different outcomes based on judicial and sentencing philosophy, the timing of the case, or simply how the Court (the Judge) interprets the factual recitation. They, too, possess substantial discretion in entering a judgment and sentencing someone to jail or prison.
If you are under 21 and charged with driving after consuming alcohol, you are likely facing what most people call “Underage DUI” pursuant to N.C.G.S. 20-138.3. The statute uses more formal language by describing the offense as driving by a person less than 21 years old after consuming alcohol or drugs. That formal title rarely appears in everyday conversation, which is why most people searching for information use terms like underage DUI, underage DWI, or provisional DWI.