Underage Drunk Driving Charges in California
Even a single drink can subject someone who is under 21 to punishment under California’s zero tolerance law (Vehicle Code § 23136). Under California’s zero tolerance law, it does not matter whether a driver under 21 is impaired in any way while driving. Zero tolerance means that ANY measurable amount of alcohol while driving constitutes an offense. You can benefit greatly by contacting one of the experienced San Jose Underage DUI Attorneys at Farling, Hecht & Davis, LLP.
Call our office today at 408.295.6100.
Underage Drunk Driving Penalties
If you are underage and stopped by a police officer with a blood alcohol level of 0.01% or greater, you face a mandatory one-year license suspension by the Court and two points on your DMV driving record. Violation of this provision is considered a civil offense.
An underage driver who is stopped by a police officer faces greater penalties if the driver’s blood alcohol concentration (BAC) is between 0.5%-0.7%. The violation of this provision is no longer treated as a civil offense but instead constitutes a criminal infraction (Vehicle Code § 23140), which also carries a punishment of a fine and two points on one’s DMV driving record.
An underage driver is also subject to the same DUI provisions that apply to those over 21. Under California DUI law, you may be convicted of a misdemeanor if you are either driving under the influence of alcohol (Vehicle Code § 23152(a)), which is sometimes called “generic DUI” or are driving with a blood alcohol level (BAC) of 0.8% or higher (Vehicle Code § 23152(b)), which is sometimes called “DUI per se.”
If the accused is under 18, one’s attorney can have the case handled in juvenile court. It is extremely important to understand that the rights of a minor (a person under 18 years old) who has been charged with a DUI are unlike those of an adult. Minors do not have the right to a jury trial and they do not generally have the right to a public proceeding. However, they are entitled to full notice of all charges against them, the right to a fair hearing, and the right to confront hostile witnesses.
San Jose Underage DUI Attorneys
If you are under 21 and accused of driving with any amount of alcohol in your blood, you should contact Farling, Hecht & Davis, LLP. California prosecutors do not take underage DUI offenses lightly and, sometimes, try to charge an underage driver with violating all three laws (i.e. civil, infraction and misdemeanor). The San Jose DUI attorneys at Farling, Hecht & Davis, LLP understand the serious nature of these charges, whether it be your first run-in with the law or a more serious repeat felony charge.
Our clients are always treated professionally and courteously, with the highest standards of ethics and confidence. With over 75 years of combined experience and outstanding relationships within the community, the San Jose underage DUI attorneys at Farling, Hecht & Davis, LLP routinely obtain amazing results for clients. Please contact one of our dedicated San Jose Underage DUI attorneys at 408.295.6100 for a free consultation to discuss your case.