California has zero tolerance for underage drunk driving. According to California Section 23136 of the Vehicle Code, it is illegal for someone below 21 years to drive a vehicle with a blood alcohol content (BAC) of .01% or more. This shows that the law is stricter on underage drivers than on adult drivers.
In that regard, law enforcement officers, prosecutors, and judges will not take it easy on a child just because they are underage. If they are arrested for DUI, they will be prosecuted to the fullest extent of the law and face harsh consequences that can affect their future upon conviction. Luckily, there are various things you can do to help your minor who is accused of DUI in California, as this blog explains.
Remain Calm and Collect Information
When your child is arrested for DUI, the first move for you and them is to stay calm and collect all the information regarding the incident. Even though emotions may be running high at this moment, it is essential to handle the matter with the clearest head possible.
Start by identifying the circumstances of the arrest. These include the following:
- The location and time of the arrest
- Your child’s BAC reading
- Whether any accidents, property damage, injuries, or even deaths were reported.
Understanding the specific facts of the case can help you assess the seriousness of the drunk-driving accusations and decide what to do next.
Consult a Knowledgeable DUI Attorney
It is essential to obtain legal representation and guidance for your underage child as fast as possible. The minor should not respond to legal questions and interrogation without an adult’s presence, much less without the guidance of an attorney specializing in underage DUI cases. California DUI statutes can be intricate, and having experienced legal counsel can make the difference in minimizing the penalties and safeguarding your child’s rights.
Seeking legal assistance quickly ensures the minor will have help:
- Deciding how to speak about their drunk driving accusation
- During interrogation or interviews with police officers or prosecutors
- Understanding the accusations against them and the possible repercussions.
- Evaluating any plea deals or alternative sentences (like diversion programs) that the prosecution offers them
- Navigating the criminal process, including court paperwork and appearances
Look for a lawyer experienced in tackling underage drunk driving cases. Their knowledge and skills will come in handy in ensuring your child is treated fairly within the criminal justice system and obtains the most favorable outcome.
Help Your Child Understand the Charges They Face
Your child needs to know that California has multiple DUI accusations that apply to underage motorists. In many cases, the accusations your child is subject to will be dependent on their BAC level at the time they were driving.
California has a zero-tolerance law for underage DUI. That means any motorist below 21 years with a blood alcohol content of or more than .01% can be subject to DUI charges. A criminal conviction for a motorist with a very low blood alcohol content level will generally lead to a suspension of a driver’s license for 12 months.
Young motorists with a blood alcohol content between .05% and .07% can be subject to more severe charges that could result in fines and a driver’s license suspension. Finally, underage motorists with a blood alcohol content level over California’s stipulated limit for adult drivers (.08%) can face even more severe accusations, resulting in consequences that include the following:
- Maximum court fines of $2,000
- Up to 6 months in custody if prosecuted as an adult
- A driver’s license suspension for a maximum of 12 months
- Up to 9 months of DUI school
If your child is prosecuted as an adult, it is particularly critical to contact a DUI defense attorney for assistance.
Educate the Minor on Their Legal Rights
One of the best ways of protecting your child’s interests after they have been arrested for DUI is by telling them their legal rights. Irrespective of age, everyone arrested in California has several legal rights and constitutional protections the authorities must respect, particularly during interrogation and criminal proceedings.
Since police misconduct cases are not unusual, it is essential to educate your child about their rights as their case proceeds through the criminal justice system. Examples of these legal rights and constitutional protections are as follows:
- The right to remain silent
- The right to humane treatment
- The right to stop responding to the police’s question in the middle of an interrogation
- The right to legal representation. If you cannot afford an attorney for your child, one should be appointed for them.
- The right to consult with an attorney privately
- The right to a phone call upon arrest
- The right to bail
- The right to a speedy trial
- The right to a jury trial
- The right against unreasonable search and seizure
- The right against self-incrimination
Remember also to inform your minor that the police are not their friend at this point, irrespective of how polite and friendly they might seem. Therefore, telling them more than they should or attempting to demonstrate their innocence may work against them.
Help Secure Your Child’s Bail
Speak with the appropriate law enforcement officer about your child’s possibility of being released on bail. Have the child released as fast as possible so they do not have to spend any more time in jail, as this may affect them mentally. Also, the authorities can and will use any information your child provides while behind bars against them. Therefore, wait to talk about the details of their arrest until after they have been released.
Once your teen is out of jail, you and their lawyer can help them request a DUI administrative hearing. This is the hearing during which the DMV (Department of Motor Vehicles) decides whether or not to subject your child’s driver’s license to administrative suspension. Remember, this hearing must be requested within ten days of the arrest.
If your child fails to ask for this proceeding, they will be unable to challenge the driver’s license decision, and their license will automatically be suspended at the end of the stipulated period. The suspension may range between six months and one year.
Seek Help Handling Potential Additional Child DUI Consequences
In California, underage DUI can subject your child to several other repercussions, besides criminal penalties, that can affect your child’s future. Your child’s criminal record may qualify for sealing once they turn eighteen, but that is not always guaranteed. For example, if the child were prosecuted as an adult, the record may remain unsealed based on the facts of the case.
A previous record of DUI accusations can make it challenging for your teen to obtain admission into the college. Also, some employers may not hire people with a prior DUI conviction. For example, if your child wishes to become a commercial driver when they grow up, it may be difficult for them to obtain a commercial driver’s license if they have a DUI charge or conviction on their record.
Developing a solid defense strategy immediately after the arrest improves the chances that your minor will avoid a DUI conviction. If the child is already convicted, your lawyer can move to expunge the DUI charges with you.
Provide Your Child with Emotional Support
Facing DUI charges can be distressing for an adult. For a child, the experience may be even worse. The child may be overly overwhelmed and may have feelings of anxiety, guilt, and shame regarding their future and whether they will be released or not. As the parent or guardian, being there for the child and providing emotional and mental support will be essential during this difficult period.
Even though your child must be held responsible for their actions, it is equally essential to offer reassurance and guidance. Here is how you can hold your child responsible while offering reassurance and guidance at the same time:
- Make open communication a priority. Encourage your child to talk to you about their concerns and feelings after a drunk driving incident takes place. Listen as best as you can without judging them, and let them know they can express themselves freely.
- Seek counseling and treatment. If your child is struggling with substance abuse, behavioral, or emotional issues, enroll them in therapy. Therapy will be an essential part of their journey going forward. Tackling underlying issues with a specialist can avert future incidents.
- Focus mainly on growth. Emphasize to your child that mistakes do occur and are chances for growth and learning. Help your child understand the significance of making better choices from now on.
Remember that you have every right to feel frustrated and upset with your child after a drunk driving arrest. However, your support and guidance throughout the criminal process will make a huge difference in helping the child navigate this challenging period and emerge even stronger.
Help Defend Your Child’s Case
During the court process for your child’s case, it is essential to be supportive and depend on the legal knowledge of your child’s lawyer. The most prevalent strategies as a parent include the following:
- Appealing to the prosecutors’ empathy
- Tailoring assertions to the judge in charge
- Assert and demonstrate inaccurate evidence
Judges and prosecutors are humans too. Even though they are obligated to uphold the law and strive to ensure the safety of other drivers and road users, they also comprehend that children make mistakes. If you tailor your case to the prosecutor’s and judge’s views of prior DUI cases, your child’s lawyer can work to have the child’s charges dismissed or reduced. The attorney can also help you have the charges erased from the minor’s criminal record.
Create a Strategy for Moving Ahead
After the immediate emotional and legal challenges are addressed, it is time to concentrate on moving ahead. Creating a comprehensive plan for the child’s future helps them make positive changes and rebuild their self-esteem. Consider these tips:
- Promote positive engagements. Help your child discover constructive outlets, including hobbies, volunteer work, or sports. Participating in positive activity can provide a sense of purpose and enhance their self-confidence and self-esteem.
- Set clear expectations. Set boundaries and rules to prevent any future violations. For example, explain to the child why they need to stay away from alcohol, drugs, and make secure transportation choices.
- Monitor progress. Be consistently involved in the child’s life and track their conduct. Checking on them routinely will help ensure they have not veered off track and are making safe, responsible choices.
Taking proactive measures will help your child build a bright future by learning from their mistakes.
What Not to Do
Just as there are things you can do to help your underage child facing DUI, there are also things you should not do to help your child navigate the DUI charges successfully. These include the following:
- Do not miss court dates. Ensure your child attends all required court hearings and adheres to all legal obligations. Failing to appear in court when required to can result in additional penalties.
- You or your child should not discuss the case publicly. Anything you or your child says, be it to the authorities or elsewhere, can be used against the child in court. That means it is essential that you or the child avoid discussing the drunk driving arrest on social media platforms or with friends.
- Do not let your minor drive on a suspended license. If your minor’s driver’s license has been revoked or suspended, do not permit them to drive. They may face additional consequences for driving on a suspended license. Your child’s lawyer can help them request a restricted license if they must drive.
- Do not delay in taking action. The most serious mistake most parents commit when their teen faces underage DUI is waiting to contact a lawyer. The sooner you hire a lawyer, the more they can do to help. Also, do not wait to request a DMV hearing for your child, as there is a strict deadline. Missing this deadline may mean additional consequences for your child.
Contact an Experienced DUI Defense Attorney Near Me
The stakes are high when your child has been arrested for DUI, and every decision counts. From safeguarding your child’s future to navigating intricate legal procedures, having a skilled lawyer fighting for your child is invaluable.
At San Diego DUI Attorney, we are knowledgeable lawyers who understand California laws surrounding drunk-driving cases, including those that involve underage drivers. We are committed to delivering the customized legal support you and your child need during this challenging time. Call us at 619-535-7150 to share your child’s case details.
