Driving Under the Influence (DUI): Persons Under 21
If you have been arrested for a DUI you should acquire the best DUI lawyer in your area. The State Law of California has adapted a no tolerance policy when in comes to underage DUI’s. This policy extends through out the greater Los Angeles area and states that any driver under the age of 21 years with any trace of alcohol in their system is guilty of driving under the influence. In a DUI case involving a person under the age of 21 years, the arresting officer may wave the necessity of a chemical test if it appears evident that the driver is under the influence of, or in any way affected by, an alcoholic beverage.
Vehicle Code for Underage DUI
Law makers have adopted a no tolerance policy on underage DUIs throughout this country. In keeping with this no tolerance policy an officer can waive the necessity for a chemical test if a driver is under the age of 21 and it seems likely they are impaired by alcohol.
Driving Under the Influence under 21 (Underage DUI) Vehicle Code (VC 23140)
VC 23140. (a) It is unlawful for a person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.01 percent or more, by weight, of alcohol in his or her blood.
(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.
Amended Sec. 32, Ch. 263, Stats. 2007. Effective January 1, 2008. Source: http://www.dmv.ca.gov/pubs/vctop/d11/vc23140.htm
Penalties And Punishments for Underage DUI
As noted above Underage DUI in California operates under a zero-tolerance policy and can levy some of the strictest punishments allowed by law. A blood alcohol level of 0.01% is all it takes for a person under the age of 21 to be cited for a DUI and have their drivers license taken for up to one year. Further, a guilty verdict may lead to the confiscation of the vehicle at the owners expense and up to $1,000 in fines.
If the blood alcohol content of an underage driver is found to be 0.05% or above he or she is not only subject to an underage DUI charge but also a DUI charge. Under these circumstances the guilty party will face the penalties described above and may face an arrest and jail time.
As noted above Underage DUI in California operates under a zero-tolerance policy and can levy some of the strictest punishments allowed by law. Underage DUIs around LA are no exception to this rule. Any driver under the age of 21 years with a blood alcohol content of 0.01% or more may be cited for a DUI and consequently have their California license suspended for one year. In addition, the offender could possibly receive fines of at least $1,000 and may have their vehicle confiscated at the owner’s expense.
If an underage driver is found to have a blood alcohol content of more than 0.05% then he or she is subject to a DUI charge in addition to the underage DUI charge. In this case, the offender may be arrested for the charge in addition to the fines and penalties described above.
Multiple offenses will lead to a increase in consequences.
What to do if Arrested or Ticketed?
If you have been charged with an Underage DUI do not delay. As with most legal matters time is of the essence and it is important to start taking steps toward resolving your legal matter now. At RepresentYou.com we are here to help. Even if you are not sure you need a lawyer, RepresentYou.com is a good first step. We have a panel of criminal lawyers in Los Angeles with experience fighting underage DUI charges. When you call RepresentYou.com or submit your case online, you will be asked preliminary questions pertaining to your underage DUI citation. If it is best that an attorney handle your case, RepresentYou.com will arrange a free initial consultation with your Los Angeles lawyer to discuss possible action. After this initial consultation, it is at yours and your lawyer’s discretion whether or not to further pursue your DUI matter together.
What to do if Arrested for Underage DUI
If you are convicted of an Underage DUI the punishments you face can be life altering and it is likely a good idea to hire an attorney. RepresentYou.com is here to help. RepresentYou.com is certified by the State Bar of California as a lawyer referral service and has a panel of attorneys in with at least 20 years of experience practicing law. This panel includes a number of attorneys who have spent their lives fighting unlawful DUI cases in court.
RepresentYou.com can be reached 24 hours a day, 7 days a week so please do not hesitate to call us at any time so that we can discuss your specific DUI matter. Our staff can help you in English, Spanish, French and Portuguese. We can be reached through our website online or toll-free at 1-888-973-7968 .
You can input your case online or give information about your legal matter to a RepresentYou.com representative over the phone 24 hours a day, 7 days a week.