Underage DUI
In California, an individual under 21 years old being arrested for driving under the influence (or DUI) is subject to several punishments. The first is the zero-tolerance law, which states that it is illegal for a minor to drive with a BAC (blood alcohol content) of .01 or above. If convicted under the zero tolerance law the defendant will face a one year driver’s license suspension.
The second punishment is referred to as ‘Infraction for Drivers Under 21 with a BAC of .05 or Higher’. In this case the court can mandate an alcohol education class or rehab program for minors.
The third punishment is just charging the minor with an adult misdemeanor DUI. This can happen if the driver ‘appears’ to be under the influence at the time of the stop or the driver fails a breathalyzer or blood test. If convicted of the DUI, the minor will face the same penalties that the court imposes on adults. This usually includes fines, alcohol education program, restricted driver’s license and maybe even jail or community service. Also included in this sentence will the 1 year license suspension for the ‘zero tolerance’ law and a rehab program for the ‘Infraction for Drivers Under 21 with a BAC of .05 or Higher’ law.
DUI penalties in California continue to increase in severity, and prosecutors are aggressive when trying for an underage DUI conviction. If you have been charged with a DUI, you need an aggressive, experienced attorney that will to fight to keep your driver’s license and freedom. Please call San Diego DUI attorney Michael Richmond at 1 (877) 638-4435 to set up a free consultation.