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DUI UNDER 21 IN CALIFORNIA

Arrested for a DUI Under 21?

All DUI crimes are strictly enforced in California, but none other is more strictly enforced than driving under the influence when under the age of 21. California exercises a “zero tolerance” policy to those caught driving while under the influence of alcohol for people under 21. What does this mean? It means that if you are under the age of 21 and are caught driving with any measurable amount of alcohol in your blood, you will be face either civil or criminal charges, or perhaps both! California implemented a “zero tolerance” policy as a response to the high rate of deaths involving young, drunk teen drivers who are twice as likely to die in a motor vehicle accident than their over 21 counterparts.

Depending on your blood alcohol concentration you could be charged with the following:

  • CA Vehicle Code 23136[1]: California’s Zero Tolerance Law (Civil Offense)
  • CA Vehicle Code 23140[1]: Under 21 with a BAC of 0.05% – 0.07% (Infraction)
  • CA Vehicle Code 23152[1]: Driving Under the Influence (Misdemeanor)

The prosecutor will weigh several factors when deciding on how to charge you. These include: your age, any past criminal history, and how high your BAC was at the time you were driving. Remember- even a BAC of .01% can lead to prosecution.

The punishments for each crime are particularly harsh for underage DUI. That is why it is of tantamount importance that is you call Manshoory Law Group, so that we may start fighting your case right away. We start by ensuring that you schedule your DMV hearing, which you only have 10 days after the arrest to do so. So please do not wait, and call Manshoory Law Group immediately.

CA Vehicle Code 23136: California’s Zero Tolerance Law (Civil Offense)

If you were stopped and detained by police and you submitted to a chemical test (breathalyzer or blood) and your blood alcohol concentration is 0.01% or higher- you will be charged with CA Vehicle Code 23136 and could face:

  • An automatic one-year suspension on your driver’s license;
  • A one-year hold on your driver’s license if you don’t have one yet.

Consequences are worse if were detained and you refused to take a chemical test. A refusal may lead to:

  • A one- to three- year suspension on your driver’s license;
  • Requirement to disclose conviction on college and employment applications.

CA Vehicle Code 23140: Under 21 with aBAC of 0.05% – 0.07% (As an Infraction)

If your blood alcohol concentration is 0.05% – 0.07% the offense is now an infraction and you will be charged with CA Vehicle Code 23140 and CA Vehicle Code 23136. Punishments include:

  • $100 penalty for your first offense;
  • $200 penalty for your second offense;
  • $300 for you third offense;
  • An automatic one-year suspension on your driver’s license;
  • Completion of an alcohol program for a minimum of three-months;
  • Participation of a Youthful Drunk Driving Visitation Program;
  • The judge will order that you must abstain from drinking or using drugs until you’re 21;
  • Must note conviction on college and employment applications.

CA Vehicle Code 23152: Driving Under the Influence (Misdemeanor)

If your blood alcohol concentration is 0.08% or greater, it is now elevated to a Criminal Offense and you will be charged with CA Vehicle Code 23152, CA Vehicle Code 23140 and CA Vehicle Code 23136. Punishments include:

  • Three to five years of informal probation;
  • Up to $1,000 in fines;
  • Up to one year in a county jail;
  • Completion of an alcohol program for a minimum of three-months;
  • Participation of a Youthful Drunk Driving Visitation Program;
  • The judge will order that you must abstain from drinking or using drugs until you’re 21;
  • An automatic one-year suspension on your driver’s license;
  • Must note conviction on college and employment applications;

Furthermore, if police find that you are in possession of alcohol, no matter what your BAC is, you will also be charged with possession of alcohol in a car and could face:

  • Having your car impounded for up to 30 days
  • Up to $1,000 in fines
  • Up to six months in a county jail
  • An automatic one-year suspension on your driver’s license

Prosecuting DUI Under 21

California’s “zero tolerance” policy provides for some harsh penalties and makes it relatively easy to prosecute. A charge of Vehicle Code 23136, is a civil offense and will be dealt with by the DMV. Both Vehicle Code 23140 and Vehicle Code 23152 are criminal offenses and will be heard in Criminal Court.

Defending DUI Under 21

Manshoory Law Group will fight a DUI Under 21 charges just the same as they would any DUI case -regardless of the defendant’s age.  We work to get the charge reduced or dismissed entirely, beginning with determining whether you were lawfully stopped and detained. Police officers cannot simply stop you on a whim, they need to have a reasonable justification for everything they do. When we can prove that you were unjustifiably stopped- then there is a chance that we can get your case dismissed!

Manshoory Law Group will make sure that the officer completed the paperwork properly, determine whether the machines that were used were working properly and up to date, and make sure any test, including the Field Sobriety Tests, were administered was performed correctly.

Manshoory Law Group Can Help

If you or someone you know is being charged with violating a DUI law, we urge you to contact us immediately for a free case consultation. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. Manshoory Law Group has the experience, skills and dedication to get the best results.

 

 

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