Driving under the influence involves driving a car while intoxicated with drugs or alcohol. The alcohol concentration in a person’s blood should not exceed 0.08% for adults. The threshold is even lower for underage drivers, who should not drive with a measurable alcohol concentration in the system. You could face charges for consuming alcohol beyond this limit. California has stringent laws for underage motorists. The legal age for drinking is 21 years. Therefore, you are not allowed to drive with any alcohol concentration in your system if you are underage. You could face accusations under the “zero tolerance laws” if any alcohol concentration is present in your system and you are below 21 years old. If the police arrest you for underage or juvenile DUI, our attorneys at the San Diego DUI Attorney are ready to help. We will help you create a solid defense strategy to fight your charges.
DUI Statutes For Underage Motorists
A driver under 21 years old is underage under California law. An underage motorist who operates a vehicle while intoxicated violates the DUI statutes.
Zero Tolerance Laws – California VC 23136
You are not allowed to drink alcohol if you have not attained 21 years old. You could face charges for drinking and driving. This statute is known as “zero tolerance.” In this case, any underage DUI is unallowable. The legal blood alcohol concentration limit is 0.01 percent under VC 23136. This level is usually the lowest blood alcohol percentage detected in a motorist’s blood. In this situation, even a slight smell or presence of alcohol in a motorist’s breath can attract a penalty according to the zero-tolerance statute.
Alcohol presence in your system does not only arise from consuming alcohol. A motorist can have taken medication or mouthwash but not alcoholic beverages. However, a driver will still be guilty of violating the zero-tolerance statute because the law considers even alcohol concentration that does not result from alcoholic beverages.
The police can pull you over to determine whether alcohol is present in the blood. Traffic officers often do this at random checkpoints. They can do this when pursuing another offense, such as a traffic violation or showing erratic driving conduct. The police can then order you to undergo DUI breath testing to measure your BAC. The police perform this test using breathalyzer equipment. A motorist has no right to decline breath testing if you are an underage motorist.
The zero-tolerance statute assumes that underage motorists have not attained the allowable drinking age. Under this law, underage motorists should not have a measurable alcohol concentration in their system. Your license will automatically be suspended if you do not undergo the test. The DMV can also deny you a restricted driver’s license.
It is not an offense to violate VC 23136. Your license will only be suspended for a period that does not exceed a year if it is your first time to commit a DUI violation. If you commit several violations, the suspension period could be extended. Usually, the officer can confiscate your driver’s license and provide a temporary driver’s license after violating VC 23136. The temporary driver’s license can take a period not exceeding thirty days. After this period, the license revocation or suspension can take effect. However, this cannot occur if you apply for a hearing within ten days.
The hearing can take place via the phone. The hearing aims to determine if you are eligible for license reinstatement and block possible automatic driver’s license suspension. The hearings are always straightforward, but it is advisable that you hire a DUI attorney to walk with you and prevent potential mistakes. You could face criminal charges under VC 23140 upon violating VC 23136 while your blood alcohol concentration is 0.05 percent or higher.
Underage DUI – VC 23140
VC 23140 is the underage DUI statute. According to this statute, it is a crime to drive a car with a BAC of 0.05 percent or more as an underage or juvenile driver. You could face two charges for violating this statute: underage drinking and violation of the zero-tolerance law. You can also face underage driving charges when your BAC is 0.05 percent or more under VC 23140. Alternatively, you could face accusations under the VC 23140 statute and be guilty of violating the zero-tolerance statute.
A DUI arrest often starts with a police pullover, just like other arrest procedures. The police will then perform preliminary alcohol testing (PAS). You can also undergo post-arrest testing, like a DUI chemical test. This test aims to provide definite results about your BAC. All motorists consent to undergo DUI chemical tests under the California implied consent statute unless in exceptional cases. You cannot decline a DUI blood or breath test if required.
You could face the following repercussions if your blood alcohol concentration is 0.05 percent:
- A fine that does not exceed $100 if it is your first offense
- License suspension is usually for a period of not more than one year, but you should request a hearing to safeguard your license.
- Your vehicle can be impounded if you have a previous conviction for underage DUI or a standard adult DUI (VC 23152(a)). Vehicle impoundment can also result if your blood alcohol concentration is above 0.01% or if you refuse to undergo chemical testing. Your vehicle impounding period can be, at most, five days.
You can enroll in a compulsory alcohol program for three months or more if you are 18 years old or older.
Standard DUI – VC 23152(a) & (b)
The standard DUI statute always applies to standard motorists or individuals who are above the legal drinking age and drive while intoxicated with alcohol. This statute is sometimes called adult DUI statute, per se DUI law, or actual impairment statute. Underage DU outlined under the California VC 23140 is a sufficient charge for underage motorists, but the prosecutor can push for extra charges or be prosecuted as an adult offender. This can happen if aggravating issues, including hit & run, are present. It can also occur if an elevated BAC level exists or injuries or death occur due to underage driving.
An underage motorist can face accusations under the following statutes:
- Driving while intoxicated with alcohol under VC 23152(a). This is impairment, whereby you are genuinely impaired by drugs or alcohol.
- Operating a car with a blood alcohol of 0.08 percent or higher
A standard DUI attracts different penalties based on the circumstances of your case, especially if a victim suffered injuries or died. This offense is usually charged as a misdemeanor. Misdemeanor charges can attract the following repercussions:
- License suspension, usually for a period that does not exceed one year
- A fine of $390 to $1,000
- Informal probation for three to five years
- Three months to nine months of DUI education program. If you were driving while intoxicated with drugs, you can join a drug program.
You will likely not serve a jail term if you are charged with a misdemeanor DUI. If the judge imposes a jail term, you will serve your sentence in a county custody facility for a period that does not exceed six months.
You can also face elevated or felony charges as an underage motorist under the following laws:
- Watson or DUI murder under Penal Code 187
- Vehicular manslaughter while intoxicated under Penal Code 191.5
- Driving under the influence of drugs under VC 23152(f)
- Driving under the influence and causing injury under VC 23153
Defenses For Underage DUI Charges
Chemical tests will play an essential role in your case, whether you face accusations under California VC 23140/VC 23152 for an underage DUI. The prosecutor can present urine or blood tests indicating your BAC, and fighting this outcome should be an integral defense component. You can use the following strategies to contest the test results:
The Breath Test Results Were False
Breath tests, like blood tests, must adhere to the specific guidelines under Title 17. Most traffic officers disregard these rules because most drivers know how breath tests occur during arrest. Firstly, your breath sample should come from your alveolar air. The most accurate and reliable breath content comes from alveolar air. It is from deep air from the lungs.
The officer should observe you for at least fifteen minutes before administering the test. At this point, you should avoid smoking, drinking, vomiting, regurgitating, or eating anything. The authorities must calibrate the testing device every ten days, or 150 uses.
Title 17 statutes for breath testing are often successful in fighting preliminary alcohol testing. Most arresting officers never follow the procedures, even if they look straightforward. Any outcome from unlawful tests is inadmissible, whether the outcome is positive or negative.
Improper Administration of a Blood Test
Under Title 17, the law outlines how blood testing must occur.
Only a qualified physician is allowed to withdraw blood from you. The physician is not permitted to use alcohol-based sterilizing agents to clean where the blood is obtained. The test outcome can have an elevated BAC level if this happens. The officer must ensure that your blood sample remains fresh without undergoing fermentation. He/she can prevent fermentation by using enough anticoagulants and blood preservatives.
Preservatives and anticoagulants must be evenly mixed with your blood sample, which must not have expired. Additionally, your blood sample must be stored properly. Blood testing is a proven chemical test, but false results can be obtained if the procedure outlined above is violated.
Implied Consent Advisement
Underage motorists are required to consent to a DUI chemical test under implied consent law. Unfortunately, most motorists do not know this law and often face penalties for honest mistakes. The traffic police should let the motorist know the repercussions of failing to undergo the test. In this case, you claim that you did not realize the implications you are facing.
A Medical Condition
A medical condition like GERD or reflux can raise the driver’s blood alcohol concentration, thereby giving a higher BAC result.
No Probable Cause For Your Arrest
A DUI arrest usually occurs when the traffic police stop a motorist for violating traffic laws, if the driver is driving erratically, or during an impromptu DUI stop. Generally, the traffic police are not allowed to order you to undergo DUI breath or blood tests if there is no probable cause to stop and arrest you. You can use this defense to fight charges like refusing to undergo chemical testing.
You Were Not Driving
No defense involves providing evidence that you did not drive a car. The traffic officers do not have to see the car moving for them to assume that you were operating the vehicle. Circumstantial evidence, even holding the steering wheel, can make the officers conclude that you were operating the vehicle. You cannot face criminal charges for a BAC level lower than 0.05 percent and you prove you did not operate a vehicle. However, your license will be suspended under the California zero-tolerance statute.
You Are Not Underage
This defense can only be admissible in court if you produce identification documents proving that you are over 21 years old. However, you can evade a citation for breaking zero tolerance but face the charges as an adult driver, even if you are over 21.
The other defenses you can present include:
- Your mouth alcohol concentration had another cause, but not alcohol consumption
- The testing device was faulty
DMV Hearing To Fight Underage DUI License Suspension
Your license will undoubtedly be suspended if you consume alcohol or drugs and drive, irrespective of whether you face accusations under the zero tolerance and VC 23140/VC 23152 statutes. Your license suspension duration will vary depending on whether it is your first or subsequent offense. The officer can confiscate your license after the arrest and send it to the DMV. The DMV can provide a temporary driver’s license, which you would use during the hearing period. You can also be denied a temporary driver’s license if you fail to undergo chemical testing or you face severe charges.
The temporary driver’s license usually takes a period not exceeding thirty days. Upon expiry of this period, the DMV will suspend your driver’s license automatically unless you file for a hearing within ten days. The hearing always takes place on the phone, although you can attend it physically. You could also deal with the hearing or hire an attorney. A DUI defense attorney understands the DMV process to allow your attorney to handle your DMV hearing and your criminal case.
Typically, the DMV hearing differs from a court trial. The DUI DMV hearing aims to determine whether to revoke, suspend, or restore your driving license, but cannot sentence or fine you. The burden of proof in DMV hearings is also easily achievable because the officer only needs to prove that you were drunk while driving.
Following The DMV Hearing
You can win or lose at the DMV hearing. If you win the DMV hearing, the DMV can reinstate your driver’s license. However, you cannot escape the ongoing charges even if you win at the DMV hearing. This can happen because DUI court lawsuits are unique and autonomous from the DMV hearing. Losing your court lawsuit can impact the DMV hearing because the hearing officer would believe that you were operating a vehicle while intoxicated.
On the other hand, you can contest the DMV’s decision or apply for a restricted driver’s license if you lose in the hearing. You will only secure a restricted driver’s license if you submit to chemical testing. Your appeal can only be successful if you pay $120 within fifteen days of the court’s ruling, and you should do this in writing. Your license suspension will take effect if you do not prevail during the hearing and fail to appeal or do not prevail during the appeal. The DMV can reinstate your suspended license if you pay a license reissue fee of $125 and fill out the SR-22 document. Your license can also be reinstated if you keep evidence of financial accountability for a period that does not exceed three years.
Related Offenses
The following are some of the offenses that can be charged alongside underage drinking and driving:
Underage Possession Of Alcohol In A Vehicle – Vehicle Code 23224
It is an offense under VC 23224 for a person under 21 years to drive a vehicle containing an alcoholic beverage. You can also face accusations under this law if you possess an alcoholic beverage while driving a car. If the prosecutor accuses you of violating VC 23224, he/she must prove the following elements:
- You intentionally drove the vehicle while carrying an alcoholic beverage
- You willfully possessed an alcoholic drink while a passenger in a motor vehicle
However, you cannot face the charges under VC 23224 if the following is true:
- You are accompanied by a responsible adult relative, your parent, or another adult appointed by a parent or legal guardian.
- A licensed person employs you to sell alcoholic beverages and drive the vehicle during regular hours in the course of your employment.
- You are following, in a timely way, the reasonable guidelines of your parent, legal guardian, responsible adult, or adult designee relating to the disposition of the alcohol
You could face misdemeanor charges for violating VC 23224. Misdemeanor charges can attract the following repercussions:
- A fine that does not exceed $1000
- A jail term that does not exceed six months in a county jail as opposed to a state prison
Additionally, the judge can suspend your driver’s license for a period that does not exceed one year. The court can delay the issuance of your driving license for a period that does not exceed twelve months if you have yet to receive your license.
The defenses you can present to fight VC 23224 charges can include:
- The police had no probable cause to arrest you
- You were not aware that alcohol was in your vehicle
- Exempt under the law
Driving While Drinking, Smoking or Ingesting Marijuana – Vehicle Code 23221
It is an offense under VC 23221 for you to consume alcohol or marijuana in a motor vehicle that is being driven on a highway. You can also be guilty of this crime while driving or riding as a passenger if you ingest any marijuana product or drink alcohol. However, this law does not apply to passengers riding in a vehicle that carries people for hire. These types of vehicles can include:
- Taxis
- Rented limousines and
- Party buses
Violation of VC 23221 is usually charged as an infraction. Infraction charges can attract a fine that does not exceed $250. You cannot face a jail term in a county or state prison. Individuals below 21 years can face severe penalties under VC 23224, but you could face misdemeanor charges under VC 23221 if:
- You are 21 years old and drive while drinking an alcoholic beverage or
- Ride in one while drinking an alcoholic beverage
A violation of VC 23221 can attract the following repercussions:
- A fine that does not exceed $1,000
- A jail term that does not exceed six months in a county jail
You can present the following defenses to fight VC 23221 charges:
- A passenger in a for-hire vehicle
- No public highway
- False accusations
Find A DUI Attorney Near Me
You will likely feel confused or disillusioned if you or your loved one faces an arrest for underage or juvenile DUI. An underage DUI conviction can affect several areas of your life, including your ability to find employment, housing, or apply for college education. Therefore, you must take the proper steps after a DUI arrest to fight your charges. The first step after the arrest should be to contact an experienced DUI attorney experienced in handling underage DUI cases. Contact the San Diego DUI Attorney if you need a DUI attorney who will not disappoint you. Our attorneys will gather the facts of your case and help you create an appropriate legal defense. Contact us at 619-535-7150 to speak to one of our attorneys.
