There is a growing trend where each year thousands of people die from alcohol related car accidents. Another alarming trend is underage drinking. According to MADD (Mothers Against Drunk Driving), teen alcohol use kills 4700 people each year – that’s more than all illegal drugs combined. Also, one in six teens binge drinks, yet only 1 out of 100 parents believe his or her teen binge drinks.These alarming statistics go hand in hand with another scary trend – drunk driving. We’ve handled numerous DUI cases and DUI cases that involve minors. A DUI conviction can cause serious problems for a minor. It can derail college plans, scholarships, and future employment opportunities. We’ve outlined a quick breakdown of California underage drunk driving laws and consequences for you.Underage Drunk Driving Laws:California has five common underage drunk driving laws that a minor can be changed with:
Vehicle Code 23136 – underage driving with a BAC of .01% or greater
Vehicle Code 23140 – underage driving with a BAC of .05% or greater
Vehicle Code 23152 – driving (at any age) while:
Actually impaired by alcohol and/or drugs, or
with a BAC of .08% or greater
Vehicle Code 23224 – possession of alcohol in a vehicle by a person under 21.
For Example: Michael is pulled over for swerving back and forth while driving. When the officer approaches the door he notices that Michael is slurring his words and fumbling for his information. There is also an open container of alcohol in the car. The breathalyzer shows that Michael’s BAC (Blood Alcohol Content) is .08%.Under these conditions Michael could be arrested and charged on all 5 accounts.Consequences Of A DUI Conviction For A Minor:Each case is different and depending on the circumstances, previous criminal and driving record, and others involved could cause the severity of charges to change. In general, someone convicted of underaged drinving in the state of California is subject to a mandatory 1-year license suspension. This is true even if your BAC is under .01% because California is a “zero tolerance” state. Penalties for a first time offense also include: a fine of $100 or more, DUI school, probation up to 5 years, and possibly time in county jail.Not only can you be arrested for a DUI for consuming alcohol, but also for abusing cough syrups and nighttime cold medications (e.g. Nyquil) and homeopathic remedies. You can also be charged if you’re carrying passengers in the car, soliciting alcohol to minors, minor with alcohol possession, child endangerment, and possession of a fake ID (if it was used to purchase the alcohol and found on you). You can prevent a DUI charge by not drinking and driving. However, if you do find yourself in that situation give us a call. An experienced DUI Attorney can possibly get the charge reduced, and sometimes dropped all together. Give us a call today and we can help you!
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.
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Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.
There is a growing trend where each year thousands of people die from alcohol related car accidents. Another alarming trend is underage drinking. According to MADD (Mothers Against Drunk Driving), teen alcohol use kills 4700 people each year – that’s more than all illegal drugs combined. Also, one in six teens binge drinks, yet only 1 out of 100 parents believe his or her teen binge drinks.
These alarming statistics go hand in hand with another scary trend – drunk driving. We’ve handled numerous DUI cases and DUI cases that involve minors. A DUI conviction can cause serious problems for a minor. It can derail college plans, scholarships, and future employment opportunities. We’ve outlined a quick breakdown of California underage drunk driving laws and consequences for you.
Underage Drunk Driving Laws:
California has five common underage drunk driving laws that a minor can be changed with: