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The Consequences of Underage Drinking and Driving in California
Underage drinking and driving is a serious problem in California. According to DMV.org, in 2007, there were an estimated 1,500 fatalities in California due to alcohol-related vehicle accidents. California has strict laws in place to prevent minors from drinking and driving.
California has two laws in place regarding underage drinking and driving: Vehicle Code 23136 VC and Vehicle Code 23140 VC. Vehicle Code 23136 VC applies to any individual under the legal drinking age (21) who has a blood alcohol content of .01% or more. This law is known as the “California Zero Tolerance” law and can lead to an individual having a suspended driver’s license for one year. Violating Vehicle Code 23140 VC, which applies to any individual under the legal drinking age (21) who has a blood alcohol content level of .05% or more, will result in a fine of $100 and a suspended driver’s license for one year. Additionally, these individuals must attend DUI school, which can last at least three months if they are over the age of 18. For drivers who are 21 or older, a blood alcohol content level of .08% is considered driving under the influence.
Before an arrest, a breath test will be administered to measure an individual’s blood alcohol content. In most cases that involve an underage DUI arrest in California, an individual will have their blood alcohol content confirmed through a chemical test that is administered after the arrest. Blood tests or another breath test will be done at the police station.
In addition to costly fines and a suspended license, an underaged individual who is charged with a DUI will face other consequences. For instance, the charge will stay on their record permanently. Furthermore, an individual must disclose the charge on job applications and college applications. Failure to report an underage DUI charge can lead to an individual’s expulsion from school or being fired. Many colleges also do not allow those who have been charged with an underage DUI to receive scholarships.
The importance of having a solid defense cannot be overlooked. If an individual is charged with an underage DUI, an experienced legal team can develop a strong defense to fight the charge. There are many ways skilled DUI attorneys can develop a solid defense:
-The DUI equipment used to administer the test was not working correctly.
-The individual who administered the DUI test failed to follow procedures properly, resulting in inaccurate results.
-The individual’s blood alcohol level was increasing when the test was administered, meaning an individual’s blood alcohol content was lower when they were driving.
-The individual was following a high-protein diet with little carbohydrates, which can have an impact on their blood alcohol content.
-The individual had alcohol in their mouth from mouthwash, not alcoholic beverages.
-The reason for the traffic stop was not lawful, or the officer did not read an individual their rights.
If a minor is facing an underage DUI charge, they should seek the help of an attorney immediately. A skilled team of legal experts has the knowledge and experience to develop a solid case.
California has a Zero Tolerance law in place to prevent minors from drinking and driving. An individual under 21 years of age who has a blood alcohol content of .01% or more can have their license suspended for a year.
Vehicle Code 23140 VC is another law in California that is applicable to underage drinking and driving. If a minor under the age of 21 has a blood alcohol content level of .05% or more, they can be fined $100 and their driver’s license can be suspended for up to a year. These individuals may also be required to attend DUI school for three or more months if they are over 18 years old.
Aside from a suspended license and hefty fines, an individual with an underage DUI charge will also face additional penalties. For example, the charge will be on their record permanently, and they must disclose the charge on job and college applications. Failure to do so can lead to expulsion from school or being fired from a job. Many colleges also do not offer scholarships to individuals who have been charged with an underage DUI.
An experienced legal team can help build a solid defense against an underage DUI charge. Some ways this can be done include challenging the accuracy of the DUI equipment used or the test administrator’s correct procedure. High-protein diets, recent mouthwash use, and unlawful traffic stops are some other factors that may be used to challenge an underage DUI charge.
If a minor is facing an underage DUI charge, it is essential to obtain the services of a skilled DUI attorney immediately. The experience and knowledge of a legal team can make a significant difference in the outcome of an underage DUI case.
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