Although the risks of driving under the influence of alcohol or drugs (DUI) are well-documented and well-known, many people get behind the wheel after having a drink or two. According to data from the National Highway Traffic Safety Administration (NHTSA), approximately 27 people in the United States die every day in drunk-driving collisions. In other words, one person every 39 minutes dies in an alcohol-related accident. Since the hazards of intoxicated driving are many, California laws impose significant penalties on DUI-related offenses. Even first-time offenders can find themselves facing jail time, costly fines, mandatory attendance at a court-approved DUI school, driver’s license suspension, and other consequences. However, individuals who are younger than the legal drinking age may wonder about the consequences of violating California DUI laws. There are additional considerations that apply to underage DUI offenders in Los Angeles County, which is why it’s critical to enlist the services of a skilled and experienced DUI defense lawyer as soon as possible. This post will address how DUI charges apply to drivers under the age of 21 and the steps you should take to maximize your chances of obtaining a favorable outcome that keeps your future as bright as possible.
Understanding Underage DUI Laws in California
California laws address the criminal penalties for adults found guilty of driving a vehicle while under the influence of drugs or alcohol. However, it’s important to recognize that California has two laws that directly address underage driving under the influence (DUI) offenses. California Vehicle Code sec. 23136 states, “it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.” This law, also known as California’s “zero tolerance” law for underage drinkers, applies to drivers with any measurable alcohol in their system, regardless of whether the trace of alcohol actually impaired their ability to operate a motor vehicle and results in a mandatory one year license suspension. California Vehicle Code sec. 23140 (an infraction) makes it “unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” In addition to the one year suspension, this offense carries additional fines.
DUI Crimes For Drivers Under 21
It’s essential to understand that even people under the age of 21 can face standard criminal DUI charges as well. If testing determines that you had a BAC of 0.08 percent or higher at the time, you can face a misdemeanor DUI charge. First-time offenders who are convicted of a misdemeanor DUI may face a one-year driver’s license suspension, fines of up to $1,000, the completion of a court-mandated alcohol or drug education program, and between three to five years of informal probation (also called “summary” probation). In rare cases, the court may sentence the defendant to up to six months in county jail. For the most part, however, judges seek sentences that encourage rehabilitation and recovery instead of incarceration. Regardless of the specific circumstances of your situation, it’s best to enlist the help of a dedicated and experienced DUI defense attorney who can identify the most strategic path forward to keep your future bright.
Refusing to Take a Breath Test in Los Angeles County
Many people are overwhelmed and intimidated when law enforcement pulls them over for whatever reason. Even if you know you have not consumed alcohol, you may wonder how you should handle the officer’s request for a breath or chemical test. In California, the refusal to submit to or to complete a preliminary alcohol screening (PAS) test or a post-arrest DUI test can result in a driver’s license suspension of at least one year. Those who have one or more previous convictions for DUI-related offenses or prior refusals of submitting to a chemical test can face a driver’s license suspension for two years or more. It’s essential to understand that you have the right to challenge a suspension of your driver’s license by requesting a hearing before the California DMV. Your attorney can help you pursue this request and represent you at the DMV hearing.
Steps to Take When Accused of an Underage DUI Offense
Even though a violation of California’s “zero tolerance” law is not considered a criminal offense, you should still take this incident seriously. No one wants to have their driver’s license suspended, not to mention the hassle of fines, probation, attending an education program, or dealing with any other penalties. You still have so much life ahead of you, so don’t leave your future up to chance. Instead, contact a knowledgeable Los Angeles County DUI defense attorney to discuss your case and determine the most appropriate path forward. Your attorney will help you understand your legal rights and look for ways to keep your future as bright as possible. For example, your attorney may argue that police officers did not have probable cause or reasonable suspicion of drunk driving to justify pulling you over in the first place. In California, officers cannot pull you over for no reason—they must have specific facts that led them to believe that you were violating safe driving laws. Seasoned DUI defense lawyers have a number of legal strategies to advocate for their client’s best interests, so reach out to a trusted criminal defense attorney today to get started.
If you are facing a DUI charge in Los Angeles County and you are under the legal drinking age, it’s essential to contact a skilled and experienced criminal defense attorney right away to discuss your options. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with one of our aggressive and knowledgeable DUI defense attorneys.
