Put the power of an attorney who's been a Judge's Assistant and Deputy District Attorney on YOUR side.
Under 21 DUI
California follows a zero tolerance policy, which makes it illegal for persons under the age of 21 to operate a motor vehicle with a blood alcohol concentration of .01 percent or higher. Additionally, (the) minor(s) is/are prohibited from having any containers having alcohol in them in their vehicle – whether the containers are open or closed.
In California, a person who is under the age of 21 and is caught driving with a B.A.C. at .01 percent level is in violation of Vehicle Code section 23136. Because of the significant number of traffic related accidents involving minors and alcohol in the state, the threshold for minors is substantially lower than those who are of the legal drinking age. As a result, the state has taken a tougher stance on drunk drivers who are under the age of 21 and so zero tolerance means just that, California allows no alcohol or drugs whatsoever in a minor’s body system at the time of driving.
Similar to DUI cases involving adults, a person under the age of 21 who has been caught driving while under the influence of alcohol or drugs could have their driver’s license suspended by the California Department of Motor Vehicle (DMV). What’s different about that suspension is that if the DMV Hearing challenge is unsuccessful the suspension will automatically be for one year, and there is no option for a restricted license.
If your loved one has been arrested for violating drunk driving laws in this state, you will want to consult with a San Diego DUI defense attorney immediately because one of the important factors the prosecutor and judge will consider is the B.A.C. level at the time of the arrest.
TWO IMPORTANT THRESHOLDS FOR MINORS
Not only are there penalties for minors found to have been driving with any amount of drugs or alcohol over a .01% in their system,the next B.A.C. threshold for minors is .05. A minor found driving with a B.A.C. of .05 or greater is in violation of Vehicle Code section 23140. Both of the “minor DUI” charges are “infractions” instead of a felony or misdemeanor offense. Additionally, if the minor under the age of 21 was arrested for violating the California Vehicle Code Section 23152 (a or b), which makes it illegal to drive with a B.A.C. of .08 percent or higher, it will be a “misdemeanor” offense, subjecting the person to the same penalties as an adult.
Lastly, minors, under the age of 21 whether or not they are passengers in a vehicle and, are found to be in possession of alcohol in the automobile, could face fines up to $1,000, jail time up to six months in the county jail, a minimum one-year license suspension, or impounding the vehicle for a period that can range from 1 day up to 30 days.
Whether you have been charged or arrested for a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI or El Cajon DUI, if you’re looking for San Diego’s Best DUI Defense Attorney, you must speak with Attorney Chris Sohovich as soon as possible. Attacking DUIs is what we do best.
Contact the Law Office of Chris Sohovich now for a free case evaluation at 619-326-8161.