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 the intelligent defense strategies of a San Diego underage DUI lawyer.
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.
Contact our San Diego underage DUI attorneys at (858) 281-4605 today!
Not Guilty. Case Dismissed. Burglary, Theft, Identity Theft
Client was charged with criminal Burglary, Grand Theft and Identity Theft from local retailers. Defense investigation revealed client was not individual shown on security cameras
Order Granted Restraining Orders
Clients filed for restraining order(s), preventing former pastor from coming within 100 yards of church or making any disparaging comments about the Church on Social Media.
Granted-No Jail Time, Supervised Probation Juvenile Sex Crime
3 counts including lewd act upon a child and sodomy by use of force Client was facing 11 years in state prison. Extensive defense investigation and use of psychological experts with client and victim to allow for specialized circumstances disposition.
No Custody, Case Dismissed Following Probation Welfare Fraud
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Case Dismissed Restraining Order
Client faced false accusations in restraining order petition. Successfully defended at trial, defense counsel discredits plaintiff’s case showing accusations to be non-credible. Successful in getting restraining order denied.
George was very professional and detailed what to expect. I recommend his services.- John D.
I can't imagine having to go through that ordeal without an attorney like George helping me and my son.- Boris S.
George is a trustworthy, extremely intelligent, and hard working attorney who you can rely on to help you navigate any challenging legal situation.- Meredith L.
George to anyone who wants a smart, honest, hard worker lawyer on their side!- Heather K.
As an attorney and now friend I know that George is someone I can put my absolute trust with.- Zina R.
George is a very skilled defense attorney and I would absolutely recommend his law firm.- Andrei L.
George is truly an excellent attorney and someone I truly respect in the legal field.- Steven L.
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