Underage DUI is a growing and worrying trend. In California, the law is stringent on underage drunk driving. If the authorities apprehend you for underage DUI in California, the prosecution can charge you under two laws. These include contradicting the Zero Tolerance Law under vehicle code 23136 or driving when your Blood Alcohol Level is more than 0.05% against Vehicle Code 23140. The prosecution can only charge you with these offenses if you are 21 years and below.

The penalty for the crime includes suspending your license for one year. Under the law, alcohol does not have to impair you for the court to find you guilty of these offenses. The prosecution only needs to prove you had surpassed the required blood alcohol level. The prosecution can also charge you with standard or adult DUI offenses in certain circumstances, even if you are a juvenile. These offenses can lead to criminal charges with more severe repercussions than juvenile DUI charges. 

You need to enlist the services of a well-experienced attorney if you have been charged with underage DUI. The charges can have negative repercussions on your personal and professional life. At California Orange County DUI Defense Lawyer Group, our team of highly dedicated attorneys has a stellar reputation for representing clients charged with underage DUI. We come up with a solid defense and plead your case passionately. Therefore, do not hesitate to contact us today.

What Does The Zero Tolerance Law In California Entail?

The zero-tolerance law makes it a crime for you to drive with a BAC level of 0.01% or higher if you are 21 years and below. Under the law, you should not consume any alcoholic beverage. The authorities can arrest you if your BAC level is 0.01% or higher, even if the source of the alcohol is not beer. Additionally, the prosecution can charge you with the offense even if the alcohol does not impair you while driving.  The prosecution only has to prove your BAC was 0.01% during the time of the arrest. In California, you are guilty of the offense by simply having any traceable alcohol content in your system.

Penalty For Contravening Vehicle Code 23136

The law classifies contravening vehicle code 23136 as a civil offense rather than a criminal one. If the authorities cite you for the offense, the department of motor vehicles will suspend or revoke your driving license for one year if it is your first violation. However, the authorities will suspend your driver's license for two to three years if you are a repeat violator.  If you do not have a license when you contradict the statute, the department will delay the issuance of your license for one year.  Once the court determines you have violated the law, an officer will take your driving license and send it to the DMV. The DMV will issue you a temporary driving license. The temporary driving license is only valid for thirty days. You should request a DMV hearing within ten tens after your license suspension. Otherwise, your license suspension or revocation will automatically take effect after the ten days, and you have not requested the hearing.

How Do The Police Determine Your Blood Alcohol Level?

The police will measure your blood alcohol level through the PAS or Preliminary Alcohol Screening test. The police conduct the test by the roadside using a specialized device that measures your BAC. In most cases, the officers use a Breathalyzer to conduct the test. The officer requests you to blow on the device. The Breathalyzer analyses your breath and converts the alcohol content in your breath to an approximate Blood Alcohol Content. In California, you can refuse to take the roadside breath test if you are over 21 years. However, if you are under 21 years, you must accept the roadside breath test if the officer requests you to take the test. The motor vehicle department will suspend your driver’s license for one year if you refuse to comply with the officer’s request. If they suspend your license for refusing to undertake the roadside PAS test, the department will not issue you with hardship or a restricted driver’s license.

Can The Prosecution Charge You With Vehicle Code 23136 And Another DUI Related Offense?

In most cases, the law prohibits the prosecution from charging you with more than one offense consecutively or at the same time for the same behavior. For example, the court can either convict you of driving with a BAC level of 0.08% or higher or with DUI causing injury. But cannot convict you of both crimes. 

However, the Zero tolerance offense is exempt from this rule. In California, the court can convict you of contravening Vehicle Code 23136 in addition to another related crime at the same time. For example, the court can charge you with driving while impaired or driving with a BAC level of 0.08% or higher, and driving with a BAC level of 0.01% or higher.

Underage Driving Under The Influence With a BAC Of 0.05% Or Higher

It is against California vehicle code 23140 to drive with a BAC of 0.05% or higher if you are 21 years or below. Driving with a BAC of 0.05% or more if you are 21 or younger is also called underage driving. After officers arrest you for underage driving, they will conduct a more conclusive blood alcohol testing. They will usually conduct the test at the police station. These tests include a DUI breath test or a DUI blood test. Remember, it is against the law to refuse these tests.

Penalty For Contravening Vehicle Code 23410

Under California law, driving with a BAC of 0.05% or higher is an infraction. An infraction is the least serious criminal offense in California. The court may not sentence you to jail for the offense but will pass other penalties. The penalties for the violation include suspending your driver’s license for at least one year. The court will also charge you a fine of $100 if it is your first offense. The court will also direct you to attend an alcohol education program if you are18 years or older. The mandatory alcohol program runs for at least three months.

Driving With An Alcohol Level Of 0.08% Or Higher.

In California, the prosecution can charge you with a standard or adult DUI charge when your BAC is 0.08% or higher, even if you are a juvenile who is under 21 years. The prosecutor will charge you with the offense if the alcohol or drugs causes actual impairment.

What Are The Penalties For Contravening Vehicle Code 23152 In California?

The law classifies vehicle code 23152 as a misdemeanor. The court can suspend your driver’s license for one year. The court can also sentence you to summary probation of three to five years or charge you a fine of $390 to $1,000. The judge can also sentence you to a drug or alcohol program lasting three to nine months. In some cases, the judge can also sentence you to a maximum jail term of six months. However, the court will pass out these penalties if you are a first-time offender and injure someone during an accident.

The prosecution may also charge you with other adult DUI charges that include Driving Under the influence of drugs, driving under the influence causing injury, vehicular manslaughter when intoxicated, driving under the influence, and causing murder, also known as Watson Murder.

Is It An Offense In California To Refuse To Take The Breath Test?

Refusing to take the PAS test after the authorities have arrested you for DUI has various repercussions. One of the repercussions of failing to take part or complete a PAS test or the post-arrest DU test will be the suspension of your driver’s license by the DMV for at least one year.

If you have two or more prior convictions, the DMV may revoke your license for two or more years. The department will revoke your license for this period if you have a previous conviction and refuse to take the chemical test or have a vehicle code 23103.5 “wet reckless” or a DUI conviction.

Is It Possible To Challenge Your Driver’s License Suspension?

In California, you can challenge your driver’s license suspension. However, you can only do so if you request a hearing with the California DMV. The department will not automatically grant the hearing. You have to request it within ten days of the conviction. Although you can request an in-person hearing, the department conducts the hearing through the phone. It is critical to enlist the services of an experienced attorney to help you plead your case with the department. Your attorney can handle the entire hearing on your behalf.

What Are The Possible Outcomes Of The Hearing?

The hearing can have two possible outcomes. You may win or lose the hearing. The California DMV will cancel the suspension or revocation of your license if you win the hearing.  You may also lose at the hearing. However, you have recourse even if this happens.  You may request the department to grant you a restricted use license. However, you cannot request this type of license if the DMV suspends your license for refusing to take a DUI test. You can also appeal the verdict if the DMV refuses to reinstate your license. However, you have to do so within 15 days from the date the department passed the verdict not to reinstate your driver’s license. You also have to pay a $120 appeal application fee. If your appeal fails, you will wait for the suspension period to expire. After the expiration of the suspension period, the DMV will restore your driver’s license after you pay $125, which is the reissue fee. You also have to file for SR-22. The document acts as proof you are financially stable. You also have to remain financially responsible for the next three years and provide proof of the same.

Is It Possible To Receive A Restricted License If You Are Underage In California?

You can receive a restricted driver’s license in California even if you lose your DMV hearing. A restricted driver’s license is like a learner’s permit. The license allows you to drive to essential places, including your school or place of work, if driving yourself is the only available option. However, the department will not issue you the restricted license if your original license was suspended for refusing to take a chemical test.

Defenses You Can Present Against The Charges Of Underage DUI In California

Fortunately, in California, you can present various defenses against the charges of underage DUI. These defenses usually fall under three main categories. The defense argues that you were not intoxicated at the time of the arrest, you were not impaired during the arrest, and the arresting officer did not follow the proper protocol while making the arrest. Your attorney will present a solid defense to help you avoid paying hefty fines, having your license revoked, and avoiding possible jail time. Below are the defenses you can present against the charges in more detail.

  1. Driving Badly Does Not Mean You Were Drunk

It is not necessarily true that you are under the influence if you drive erratically. The prosecution will focus on your driving pattern when they charge you with DUI in most cases. The arresting officer testifies you were driving in a manner consistent with a person under the influence. They will state you were swerving on the road or driving at high speed, which is a strong indication that you were under the influence of either drugs or alcohol. In your defense, your attorney will state that many sober drivers drive erratically, and driving recklessly is not proof you were under the influence.

  1. Having Symptoms Similar To That Of An Intoxicated Person Does Not Necessarily Mean You Are Intoxicated

The prosecution may argue you were intoxicated because you exhibited symptoms similar to an intoxicated individual. The prosecution relies heavily on your physical appearance when presenting their case in court against you. The arresting officer will cite various physical indicators to prove you were definitely under the influence. The officer will state you had red, watery eyes, a flushed face, emitted a solid alcoholic odor from your breath, could not stand steadily, and slurred speech, among other similar physical characteristics. However, these symptoms are all included in a DUI arrest form which many law enforcement officers use when they arrest you for driving under the influence.

Your lawyer can state the officer checked off the list without conducting due diligence on your physical and mental state. Your lawyer can also say these signs are consistent with other medical conditions. They can say you were suffering from an allergy, you had eye irritation, you were suffering from a cold, or you were suffering from a myriad of other conditions that can cause red eyes. Your attorney can also argue that the chemical substance called alcohol does not have a distinct smell. The smell associated with alcohol is from other sources, including malt and hops, found in non-alcoholic beverages.

  1. The Tests The Officers Conducted On The Field Did Not Produce The Accurate Measurement Of Your BAC

You can state the field sobriety test results are inaccurate if the prosecution includes the results as evidence for your underage DUI charge. The prosecution, the arresting officer, and the criminal expert heavily rely on the FST to support their case against you. The experts, in most cases, will state they determined you were drunk driving because you failed the tests. However, your attorney can state you failed the test due to other factors unrelated to being under the influence. Your attorney can argue that your lack of natural coordination, clothing, nerves, fatigue, physical features like flat feet, and other similar factors could affect your balance and coordination.  The attorney can also argue that the test results are inaccurate. They could say the conditions were not perfect for the test. For example, they could state it was very windy on the day of your arrest, so you could not stand steadily due to the prevailing weather conditions. Your lawyer could also argue that the officer did not administer the three standardized FSTs. The attorney can also state that the officer who carried out the tests was not competent enough because they lacked the proper training and experience to conduct the FSTs.

  1. The High Alcohol Reading On Your Breath Was As A Result Of Mouth Alcohol.

You can also state the high results on the Breathalyzer are due to residual mouth alcohol. This defense strategy is effective if the court charges you for driving with a BAC level of 0.05% or 0.08%. Under the law, the arresting officer must observe you for at least fifteen minutes before administering the breath alcohol test. The officer observes you ensuring you do not consume alcoholic drinks, medicines with alcohol as a component, or any alcohol-based mouthwash or mouth spray. The arresting officer must ensure you do not regurgitate, belch or burp during this observation period. The aforementioned activities would bring alcohol from your stomach into your mouth. If that happens, the breathalyzer will give a false reading as it will indicate the residual alcohol in your mouth. The breathalyzer should ideally measure the alcohol content in the air from your lungs, not your breath. Therefore, if you have residual alcohol, the reading will be higher since the device will also record the alcohol in your breath.

  1. The Officer Did Not Observe You For The Required Period

As earlier mentioned, the arresting officer must observe you for at least fifteen minutes before they conduct the breathalyzer test. Your attorney could refute the breath test results if the officer did not honor the fifteen-minute observation period. The officers wait for fifteen minutes to pass before administering the test in most cases. However, few of them observe you during this period. Some do their paperwork at this time, while others set up the breathalyzer machine. Your attorney can argue the officer did not follow the proper protocol since they failed to observe you for fifteen minutes. If your attorney established this fact, they can question the legitimacy of the breath test result and the entire DUI investigation.

For example, an officer arrests you while driving from your friend’s birthday party. They charge you for underage drunk driving after they administer the breath test, and your result indicates your BAC is above 0.05%. At the hearing, the arresting officer testifies that they observed you for 15 minutes before administering the test. They further state that nothing out of the ordinary happened during the fifteen minutes.

However, your attorney asks the arresting officer where he conducted his observation. The officer confesses they watched you while on your way to the precinct.  Your attorney confronts the officer with facts, and the officer admits they could not have seen you burp, regurgitate, hiccup or belch while alone at the back of the police vehicle. Therefore, your attorney can argue that the breathalyzer registered high alcohol content for the aforementioned reasons. Based on the above argument, the court can acquit you of the charges.