Los Angeles Underage DUI with a BAC of 0.05 or Above
There has been an unfortunate increase of DUI’s within the United States. Due to the increased culture of drinking and partying, state governments have had to enact statutes to protect innocent citizens of those practices. The state of California has very strict DUI laws due to the fact that there are many more individuals driving cars due to the lack of available public transportation. Another dimension to the DUI laws in California relate to what happens when a minor who is under the legal drinking age of 21 gets a DUI. This situation is quite severe because the minor is engaging in illegal activities because they are drinking before the age of 21 and also are endangering the public by doing so.
There are two thresholds that relate to a minor drinking under the age of 21 and driving. One is severely more serious of an offense than the other. Vehicle Code 23136 VC stipulates that any minor under the age of 21 who is driving with a blood alcohol content of .01% or greater is still liable for an underage DUI because of the state of California’s zero tolerance law that has no warrants for any underage drinking whatsoever. The punishment for this sort of DUI can be a one-year suspension of the minor’s driver’s license. The second more severe charge is related to Vehicle Code 23140 VC, which is related to a minor under the age of 21 who is driving with a blood alcohol level of .05% or greater. This .05% blood alcohol percentage is lower for minors than adults who receive DUI’s at a level of 0.08% blood alcohol percentage. A punishment for a violation of Vehicle Code 23140 VC is that the minor has to complete mandatory DUI school, endure a one-year suspension of their driver’s licenses, and also pay a fine of up to $100. Furthermore, those minors who are charged with these statutes can also be charged with a standard adult DUI if they are found to have possession of alcohol in their vehicle.
If your child is under 21 years of age and facing a potential DUI charge, it is highly recommended that you retain them legal counsel to properly argue their case. The reason for this is that your child has the potential to have the DUI removed from their record if the charges are argued properly and they are the correct age. Thus, retaining counsel is critical to ensure that your child has as little of a mark on their future driving record as possible.
Our firm specializes in working with DUI cases. Additionally, our firm has experience working with minors who are charged with DUI offenses. What is typically best is for you and your child to meet one of our associate attorneys for a consultation to discuss the relevant facts of your case. By doing this, our associate attorney will be able to determine whether your child’s case is the appropriate fit for our firm a the current moment. Should everything go favorably, you can then decide whether or not you would like to agree to retain our legal services with our corresponding fees. Once this transpires, we can begin exploring relevant legal theories to help your child’s case. Thus, do not hesitate to reach out to our firm. We would be elated to provide your child the best legal representation possible for their upcoming DUI case.