A DUI charge occurs when the authorities apprehend you for taking alcohol, controlled substances, or both while operating a car. California laws do not require you to have drugs or alcohol in the vehicle to face charges. You just need to be drunk or drugged. Sometimes, you will even be arrested when you are not feeling impaired by alcohol. The percentage of alcohol per weight can be below the designated limit of .08% and still face arrest for drunk driving. The issue here is that you are underage, and the legal standards for juvenile drunk drivers are more stringent than those of adult drunk drivers. 

It seems unfair to face charges for taking only one beer or a glass of wine, but that is the provision of the law. Nonetheless, an arrest for underage DUI is not the end of the road for you or your child. You have the right to contest the charges, and an experienced lawyer can help you with this. At California Criminal Lawyer Group, we can protect your rights and freedom in Santa Ana by evaluating the police procedures, reviewing your DUI record, and advocating for a sentence reduction or case dismissal. 

California Underage or Juvenile DUI Statutes

California has two primary DUI statutes focusing on juvenile drivers operating vehicles while drunk or drugged. These laws apply to minors 21 or younger driving with an applicable blood alcohol concentration (BAC) and not necessarily feeling drunk. 

California Zero Tolerance Law for Juvenile DUI

As per VC 23136, it is a DUI offense for drivers below 21 to drive a vehicle even with a tiny percentage of .01% of alcohol per weight or higher in their system. The laws appear harsh but are crucial in combating dangerous driving. The definition includes alcoholic beverages, meaning that even detectable alcohol from other sources apart from alcohol like homeopathic medicines, cough syrups, and tropical mouth-numbing ointments could have you arrested and charged with a VC 23136 violation. 

Measuring BAC Under VC 23136

BAC under VC 23136 is often measured through a preliminary screening (PAS) test, unlike a standard DUI where chemical testing occurs after being arrested. A PAS test is done on the roadside and is usually conducted using a Breathalyzer. The test is mandatory for underage drivers because the law deems them to have consented to the test any time an arresting officer has suspicions that they are drinking and driving. However, for adults 21 or older, the roadside test is optional. An adult will not face any consequences for refusing a PAS test, but when you, a minor, do the same, the Department of Motor Vehicles (DMV) automatically suspends your license for twelve months. License suspension will have additional consequences because you will be ineligible for a restricted license to drive to limited places like work or school. 

Penalties for VC 23126 Violation

A zero-tolerance juvenile DUI law violation is not a crime but a civil wrong. A conviction for the offense does not attract jail time or hefty court fines. Instead, you will only face driver’s privileges revocation or suspension by the DMV for twelve months. If you do not hold a driver’s license, a conviction will delay obtaining one by one year. 

After you have been cited for having breached VC 23136, the officer handling your case will confiscate your license, if you have any, and take it to the DMV. After, they will issue you with a temporary permit that expires after 30 days. 

Before the lapse of the ten days after citation, ensure you reach out to the California Criminal Lawyer Group to help you request a DMV hearing. When you fail to do this within the first ten days of the citation, your license will automatically be suspended at the end of the 30 days. 

Furthermore, you can request a DMV hearing if you refuse to take the PAS test resulting in automatic driving privileges revocation or suspension. 

California Juvenile Driver With a BAC of .05% or Higher 

As per VC 23140, it is an infraction for a driver 21 or younger to operate a car with a BAC of at least .05%. The legal definition of underage in this statute is:

  • You are a juvenile or person below 21
  • You operate a car
  • While impaired or under the influence of an alcoholic drink
  • And at the time of driving, your BAC was not less than .05%

1)  Measuring BAC Under VC 23140

Unlike VC 23136, Vehicle Code 23140 BAC confirmation occurs in post-arrest chemical testing. After being arrested and taken to the police station, the officer requests you to submit a blood sample for chemical testing. If you are not comfortable with the blood test, you will be given a handheld Breathalyzer for a breath test. The breath test is different from that under VC 23136 because it happens in the police station and not on the roadside. 

Failure to submit a sample for chemical testing has serious consequences. Unlike PAS tests, these tests are not optional regardless of your age. If you are a license holder, the law deems you to have agreed to a post-apprehension chemical test if you have been legally arrested for drinking and driving. As an underage, when you fail to submit to chemical testing, you will face an administrative driver’s license suspension by the DMV for 12 months. 

It is worth noting that although the law protects you from being charged with another DUI offense for the same conduct, you could face conviction for a VC 23140 violation and still be cited for VC 23136 civil wrong. 

2)  Penalties for VC 23140 Violation 

California violation of underage DUI law (VC 23140) is a criminal infraction, meaning it does not attract a jail sentence. However, you will be subject to other consequences like:

  • Driver’s license revocation
  • A fine of one hundred dollars or higher if you have a prior DUI record
  • At least three months of alcohol treatment program if you are under 21 but above 18 years

Again, you will face five or more days of vehicle impoundment if you have a previous drunk or drug driving record under VC 23140 or for the typical DUI. Your car will be impounded if you had a BAC of at least .10% at the time of arrest or refused to submit a sample for chemical testing.   

With these penalties in mind, you want to contact the California Criminal Lawyer Group if you have been apprehended for underage drinking and driving. Even though the consequences of a conviction are harsh, a profound attorney will work extremely hard to have the penalties reduced. They can exploit the mistakes made by police during the DUI investigations to obtain a sentence reduction or count dismissal. Law enforcement officers are required under Title 17 to adhere to a particular code of conduct and regulations while making a DUI arrest or collecting a BAC sample. The regulations guide how the samples should be conducted to reduce errors in test results. Therefore, when the arresting officers error when compiling the samples for chemical testing or engage in misconduct, you can challenge the test results. 

Your lawyer will prevent a wrongful conviction by showing that the results from the tests were flawed or the police disregarded the laid down procedures. The lawyer can challenge the inaccurate results in the court to dismiss the charges. If a dismissal is not possible, they will negotiate a charge reduction to a lesser offense like wet reckless, which attracts lesser penalties than a VC 23140 violation. 

If your BAC was at least .08% at apprehension, the court considers this actual impairment, meaning you will face a standard DUI count just like an adult. You face standard DUI charges under VC 23152(a) when you are drunk or drugged, impairing your capacity to drive safely. On the other hand, you will face charges for VC 23152(b) violation when you operate a car with a BAC of .08% or higher. 

A VC 23152 violation is a misdemeanor if it is your first offense and no one was injured during the incident. A conviction for this offense attracts the following penalties:

  • Twelve months of driver’s license suspension
  • Thirty-six to sixty months of summary probation
  • Monetary court fines ranging from $390 to $1,000
  • Three to nine months of alcohol education program
  • No more than six months in county jail

Additional Consequences for Underage DUI

A juvenile DUI sentence can have emotional and psychological consequences for you and your family. Additionally, you will incur high monetary costs due to various circumstances associated with a conviction. These scenarios and associated costs are:

  • You will obtain two additional points on your juvenile driving record for thirteen years. The points will increase your car insurance coverage to around $40,000. 
  • A conviction can require you to attend DUI classes whose average cost is $650
  • The mandatory court-imposed financial fines and legal fees amounting to $4,000
  • Towing fees of $685 and a mandatory storage fee for at least five days at $137 per day
  • Driver’s license reissue fee of $100

Your family will incur up to $45,435 due to your conviction, amounts likely to cause a financial strain on any family. If your underage DUI caused an accident, you would incur costs in medical treatment, vehicle repairs, and victim restitution. An injury claim from the victim could put you in deeper financial problems.

Also, teenagers who drink and drive are likely to be spree drinkers, which increases the risk of mental conditions upon conviction. The Journal of Abnormal Psychology reports that over 37% of teenagers who are spree drinkers are affected by mental health problems. Therefore, when the mental disorder combines with the consequences of a conviction, the teenager will develop significant psychological problems. 

If you are a victim of these circumstances, you need the California Criminal Lawyer Group to guide you through this challenging period. We have worked with teenagers before and understand the psychological turmoil a juvenile DUI charge or conviction can have in their lives. We will bring in other trusted professionals like psychologists to help you and your family deal with the mental stress as we fight the charges.

DUI Conviction Consequences on Your College Application, Monetary Aid, and Employment Opportunities

Some colleges and universities will require you to explain your past behavior during admission. You can mention that you have a DUI citation or conviction in your explanations. Having a cite for a civil offense or an infraction sentence will not affect your college admission. Nonetheless, a misdemeanor or felony DUI conviction will be considered, and even though it will not disqualify you for college or scholarship application, it will reduce the likelihood of acceptance. 

Learning institutions can deny you admission if you have a DUI record without justification or having to state the reasons for their actions. Even though you should not be denied the chance because of a DUI record, the school administration can take action. 

A DUI sentence will not deny you qualification unless you are serving a jail sentence when it comes to monetary aid programs. However, your application for a student loan or financial assistance can be denied when you are sentenced for a more severe DUI like an underage DUI with a BAC of .05% or more. 

If you are serving a jail or prison sentence, you are not eligible for federal student loans. Luckily, when you complete your jail or prison sentence before joining a university or college, the restrictions on financial aid and student loans will be lifted. 

An underage DUI conviction can occur while you are in college. Usually, the sentence violates the honor code you take an oath to abide by during admission, and there can be consequences for the violation. The institution can be forced to expel you, but before the move, you must appear before an internal school board consisting of students or school faculty to explain your actions. You will face lesser consequences like community labor, academic warning, or probation for a first juvenile drinking and driving offense while in the institution. Therefore, you should strive to understand your institution’s honor code and abide by it because a violation could result in career or education ending consequences. 

Failure By a Juvenile Driver to Take a Breath Test

When you decline to take a breath test for underage drinking and driving, you will face license suspension for twelve months. If you have a previous conviction for drunk or drugged or refused to submit to chemical testing, you will face twenty-four months of driver’s license suspension. 

Challenging Your Driver’s License Suspension

When your driving privileges are suspended, all is not lost because you have a chance to challenge the suspension. You can request a DMV hearing within ten days of a citation for VC 23136 violation or refusal to submit to chemical testing. 

Do not worry about appearing in person for this proceeding because it can happen over the phone. Besides, your defense lawyer can appear on your behalf even when your physical presence is necessary. +

If you win the DMV proceeding, the license suspension or revocation will be canceled. Chances of winning are elevated if you partner with a defense lawyer. Therefore, you should contact a criminal lawyer immediately after your arrest for a juvenile drinking and driving offense. 

Even if you lose your case, your lawyer can explore other options to ensure you continue driving. The lawyer can help you apply for a restricted license to go to specific areas like work or college. Still, the option is only available if the license suspension did not stem from refusing to take a chemical test. 

Alternatively, you can appeal the DMV’s decision. The process involves presenting a written request to the DMV and paying a fee of $120 within fifteen days from the date of suspension. 

Once you complete your license revocation duration, you should pay the $125 reissue fee to the DMV, complete Form SR-22 as evidence of financial responsibility, and maintain the responsibility for thirty-six months for the license to be reinstated.

Restricted License for Juvenile Drivers 

As an underage driver convicted of drinking and driving, you are eligible for a restricted hardship license if the DMV ruling is not in your favor. It is like a learner’s permit and allows you to drive to restricted areas when no other transport means are available. However, the option is only available if you agree to chemical testing. 

Fighting Underage DUI Charges

When you face juvenile DUI counts in Santa Ana, we at California Criminal Lawyer Group are willing to assist you in fighting the charges. All you need is to contact our office on time and share all the relevant information about the case to develop legal defense strategies that will ensure a favorable outcome. Some of the legal defense strategies we will mount to contest the underage DUI count are:

  • Your juvenile DUI arrest was illegal because the arresting officer lacked reasonable or valid probable cause to pull you over. Any evidence obtained from an unlawful traffic stop is inadmissible in court, meaning that if your lawyer can suppress the evidence, the court will drop or reduce the counts.
  • You were not operating the vehicle at the time of the arrest
  • The testing devices used to perform the breath test were inaccurate because they were not correctly calibrated within the last ten days.
  • The arresting officer did not adhere to the set guidelines during the testing because they failed to attach the mouthpiece properly or ensure your mouth was empty, rendering the test results invalid. 
  •  The Field Sobriety Tests are inaccurate because the person conducting them did not observe you for fifteen minutes.
  • You were on a high protein or low carbohydrate diet that made the breath test read the Ketones produced by your body as alcohol.
  • Your shoes, uneven surface, and other environmental factors hindered you from performing well in the FSTs
  • You had a medical condition like acid reflux or GERD at the time of arrest, which led to the falsely high BAC results. 
  • You can claim that the alcohol in your mouth was from other sources like mouthwash or syrup 
  • Your BAC at the time of driving was low, but the results were falsely high due to rising blood alcohol at testing.
  • The DUI sobriety checkpoint where the arrest happened was unlawful because it was not monitored or advertised to the public. 

The Action You Should Take When You are Pulled Over or Stopped in Traffic

When an officer pulls you over, you should maintain calmness and use your blinker to show you are pulling over. Once you have stopped, keep your seatbelt on and wait for the officer’s instructions. The officer will request your driver’s license, car registration, and insurance. Hand over these documents respectfully and avoid any conduct that can give the officer reasons to add on your charges. 

The officer will then request to perform a PAS test on the roadside. You should comply with the request because failure to do so will result in license revocation. 

If the officer apprehends you and takes you to the nearest police station, contact your criminal lawyer or a friend to arrange for your vehicle to be taken to a safe location. You do so to prevent towing or impounding expenses.  

Not every time an officer pulls you over, you will be arrested and taken to jail. Sometimes, they will issue you with a citation and allow you to leave. Take your time to read through the ticket or citation and understand. After, put all the documents away and safely drive off. Once you arrive at your destination, you should contact your lawyer for legal advice on responding to the citation or fighting the charges. 

Find an Experienced Defense Lawyer Near Me 

When you or a juvenile in the family is apprehended for drinking and driving, a profound lawyer can contest the counts for the best outcome. The law is stringent on teenagers who drink and drive, and sometimes it appears harsh. However, instead of complaining about the law's unfairness, you should hire an experienced lawyer to prevent the severe consequences of a conviction for underage DUI. At California Criminal Lawyer Group, we are willing to advocate for a sentence reduction, case dismissal, or your best interest. Contact us today at 714-844-4151 to arrange a meeting in Santa Ana, CA.