Getting a DUI is a serious matter which should be discussed with an experienced DUI attorney at the The Choyce Law Firm. There are two main laws that cover underage DUIs in California:
This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license. This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. In order to determine the presence of very low amounts of alcohol in the underage driver’s blood, law officers use a preliminary alcohol screening (PAS) test. This can be conducted through a standard breathalyzer or similar device and works by measuring the alcohol on a person’s breath and converts it to the blood content.
Though breaking this law is not a crime with severe punishments, it is still advantageous to hire a skilled DUI Lawyer in Fairfield. A DUI attorney can help an individual in violation of this law to challenge the license suspension, resulting in a cancellation of the suspension or in the procurement of a special “restricted hardship” license, which permits the individual to drive to work, school, or for family affairs.
This is an additional law regarding drivers under the age of 21, often referred to as the “underage DUI” law, and outlines additional consequences if an underage driver is caught with a BAC of 0.05% or greater. A violation of this law may result in fines up to $100, a one-year suspension of the driver’s license, as well as 3 or more months of mandatory alcohol education school (for those 18 and over).
When an individual is arrested for an underage DUI after failing a roadside breathalyzer, the blood alcohol content is typically confirmed by a chemical test. This is done by an additional breath test on a desktop machine at the police station, or through a blood test.
Though technically not a DUI, VC23224 prohibits possession of alcohol in a vehicle by a person younger than 21 years of age. Violation of this law is considered a misdemeanor and may result in a one-year suspension of the driver’s license, a fine of up to $1000, and vehicle impoundment for up to 30 days.
Drivers under 21 years of age are not permitted to have alcohol in the car unless the following conditions are met:
In addition to violating the above laws, which only apply to drivers under 21, an underage driver may also be charged with an adult (standard) DUI offense when applicable.
Any individual may be charged with a standard adult DUI (VC23152b) if they are operating a motor vehicle with a BAC of 0.08% or higher or if an officer observes impaired driving ability that can be attributed to alcohol or drugs. Violation of this law may result in the suspension of the driver’s license, 3 to 5 years of misdemeanor probation, a fine of $390 to $1000, mandatory alcohol education school, and up to 6 months in county jail. If you have been charged with a DUI, make sure you contact a DUI Lawyer in Fairfield immediately for legal representation.
It is very important to seek legal advice from an experienced DUI Lawyer in Fairfield when charged with DUI offenses while underage. An experienced attorney may be able to successfully defend a client from prosecution. The following list includes some of the most common DUI and underage DUI defenses:
Have Been Arrested & Are Accused of a DUI/DWI? The Choyce Law Firm knows how a DUI or DWI can alter your life and reap negative repercussions. That’s why our experienced DUI defense attorneys fight hard to get your charges dismissed or reduced. Give us a call at (707) 422-1202 with a DUI Lawyer in Fairfield today.
The Choyce Law Firm
1500 Webster St, Suite B
Fairfield, CA 94533
Phone: (707) 422-1202