Being charged with an underage DUI in California is a serious matter. The state has strict laws in place to deter drinking and driving among individuals under 21. If you or your child is facing an underage DUI charge, understanding the legal landscape and possible defense strategies is essential. Here’s what you need to know about underage DUI laws, penalties, and your legal options.
California’s Zero-Tolerance Law for Underage DUI
California enforces a zero-tolerance policy for underage drinking and driving. Under California Vehicle Code §23136, any driver under the age of 21 found with a blood alcohol concentration (BAC) of 0.01% or higher can face penalties. Unlike standard DUI cases, which require proof of impairment, underage DUI charges apply even if the driver does not appear intoxicated.
Additionally, California Vehicle Code §23140 makes it illegal for drivers under 21 to operate a vehicle with a BAC of 0.05% or higher. This law carries stricter penalties than the zero-tolerance law and is treated as a separate offense.
Potential Penalties for an Underage DUI Conviction
The consequences of an underage DUI conviction can be severe and may impact your future. Some of the possible penalties include:
- License Suspension: A conviction can lead to a one-year driver’s license suspension or a delay in obtaining a license if you don’t have one yet.
- Fines and Fees: Fines for an underage DUI can range from hundreds to thousands of dollars, along with additional court costs.
- Mandatory DUI Education Programs: Offenders may be required to complete an alcohol education or DUI program.
- Criminal Record: Depending on the severity of the charge, an underage DUI may appear on your permanent record, potentially affecting college admissions, job opportunities, and future licensing.
- Possible Jail Time: Although rare for first-time offenders, jail time may be imposed in more serious cases.
Defenses Against Underage DUI Charges
If you or a loved one is facing underage DUI charges, working with an experienced criminal defense attorney can help explore possible defenses. Some of the most effective defense strategies include:
- Challenging the BAC Results: Breathalyzers and chemical tests are not always accurate. Factors like improper calibration, medical conditions, or errors by law enforcement can lead to false readings.
- Unlawful Traffic Stops: If law enforcement did not have reasonable suspicion or probable cause to stop the vehicle, the DUI charge may be challenged and dismissed.
- Rising BAC Defense: Alcohol takes time to absorb into the bloodstream. If you consumed alcohol shortly before driving, your BAC may have been below the legal limit while operating the vehicle but rose afterward.
- Violation of Legal Procedures: Police officers must follow strict procedures when conducting DUI investigations. If your rights were violated, the evidence may be inadmissible in court.
The Long-Term Impact of an Underage DUI Conviction
An underage DUI conviction doesn’t just affect the present—it can have long-term consequences. A criminal record can impact college admissions, scholarships, and job opportunities. Additionally, increased insurance rates and difficulties obtaining certain professional licenses can make it harder to move forward in life.
Because of these lasting consequences, it is crucial to take an underage DUI charge seriously and seek legal assistance as soon as possible.
Protect Your Future with Legal Representation
If you or a loved one is facing an underage DUI charge, you don’t have to go through it alone. A skilled criminal defense attorney can help you understand your legal options and build a strong defense. Contact Law Office of Michael L. Fell today at (949) 585-9055 to schedule a consultation and protect your future.