San Diego Underage DUI Attorney
Consequences of Underage DUI in California
A DUI for a minor or person under 21 comes under the California “Zero-Tolerance” portion of the vehicle code. Any minor under 21 who is arrested for driving under the influence of alcohol of any concentration can be guilty of a DUI. An under-21 DUI can be charged separately from the typical CA VC 23152 for DUI. With the “zero tolerance” laws any minor found guilty of driving a car with a 0.01% BAC or higher will face an automatic license suspension, fines, and alcohol education classes. A BAC of 0.08% or higher for any person stopped while driving a can be charged with violating VC 23152 for misdemeanor DUI.
How Underage DUI is Different
All San Diego DUI cases involve two separate portions; the criminal court and the DMV. If you are arrested for a DUI you must request a DMV APS hearing within 10 days of the arrest. Failing to request a hearing removes an effective way to gather crucial evidence before formal arraignment in court. The APS hearing is conducted by the DMV safety office and a hearing officer. The rules and procedures of the hearing are very different from the normal criminal court and require know-how and experience to get the best outcome.
California Implied Consent Laws
All drivers under 21 years of age are required to submit to a breath test or preliminary alcohol screening test if they are legally stopped by the police. This means that if you are stopped by law enforcement for any reason you must submit to the officer's various tests to determine if you were drunk driving. A minor under 21 who refuses to submit to the tests will have their license automatically suspended for a year and faces harsher penalties in the criminal court if convicted of a DUI. An underage DUI can have consequences for your personal and professional life. A minor DUI conviction will delay the issuance of a driver’s license by a year or more. A second underage DUI will increase the license suspension for up to three years. George Gedulin is a DUI defense lawyer who understands the complex problems that come with DUI cases and works tirelessly to get his clients to get the outcome they deserve.
Underage DUI Penalties in California
California has a strict zero-tolerance policy for those under the age of 21 driving under the influence of alcohol. For those under 21, the very low BAC level of 0.01 percent is enough to result in a DUI conviction. For most, consuming a single alcoholic beverage will result in a BAC of more than .01 percent.
The Judge in an underage DUI case can also order that the person not consume any alcohol until the age of 21. If you are on probation to the court and are in violation of such an order your probation could be revoked and a significant jail sentence imposed. Any minor with a BAC over 0.08% could be charged with a straight DUI (CA VC 23152) which brings many significant penalties.
A DUI conviction for a person under 21 might lead to the loss of a driver’s license and a permanent mark on their driving record. Driving with a BAC of 0.08 percent may lead to the driver serving jail time in the same way drivers 21 or older may face. Thousands of dollars in fines, MADD, and alcohol education classes. Other requirements include work release and public work service through the Sheriff. Being treated like an adult in the court system can have severe consequences for the success of college and scholarship applications, which frequently ask applicants about criminal records such as DUI convictions. Having a skilled San Diego underage DUI lawyer on your case can make a big difference in your life for many years to come.
Long-Term Consequences of Under 21 DUI Conviction
The way that your underage DUI is handled can impact your future schooling and career. Any DUI conviction must be disclosed on school and work applications. A committed criminal lawyer can find the best defense strategy to fight a DUI case by gathering evidence early and obtaining independent reports from skilled investigators. A DUI for a minor should not mean an end to your future; these cases can always be defended with intelligent defense strategies.
Remember, the prosecution has the burden of proving their case and must present evidence which meets all legal standards. Every aspect of a DUI case must be scrutinized and questioned to ensure that the police and investigators acted properly and did not violate your constitutional rights. A police officer can only stop a vehicle if they have a specific reason, which includes violating a traffic law or suspecting the driver is drunk.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.