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In 2007, there were an estimated 1,500 fatalities in California due to alcohol-related vehicle accidents, which is the most up-to-date statistic according to DMV.org. California has strict laws in place to prevent minors from drinking and driving. California has two laws in place on underage drinking and driving, which are:
Vehicle Code 23136 VC
This law is applicable to any individual under the legal drinking age (21) who has a blood alcohol content of .01% or more. This law is referred to as the “California Zero Tolerance” law, which can lead to an individual having a suspended driver’s license for one year.
Vehicle Code 23140 VC
This law is applicable to any individual under the legal drinking age (21) who has a blood alcohol content level of .05% or more. If a minor violates this law, then he or she is subject to a fine of $100 and a suspended driver’s license for one year. Furthermore, 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.
A breath test will be administered before the arrest to measure an individuals blood alcohol content. In most cases that involve an underage DUI arrest in California, an individual will have his or her blood alcohol content confirmed through a chemical test that is administered after the arrest. An individual will have a blood test or another breath test administered at the police station.
Aside from costly fines and a suspended license, an underaged individual who is charged with a DUI will face other consequences. If an individual has an underage DUI charge, then it will stay on his or her record permanently. Furthermore, an individual must also disclose the charge on job applications and college applications. If an individual does not report an underage DUI charge, it can lead to being expelled from school or being fired. Although these individuals can still get into college, many colleges do not allow those who have been charged with an underage DUI to receive scholarships.
The Importance of Having a Solid Defense
If an individual has been charged with an underage DUI, there are many ways an experienced legal team can develop a strong defense to fight the charge. Here are some ways skilled DUI attorneys can develop a solid defense:
The DUI equipment that was used to administer the test was not working correctly.
The individual who administered the DUI test failed to follow correct procedures, which could result in inaccurate results.
An individual’s blood alcohol level was increasing when the test was administered, which means an individuals blood alcohol content was lower when the individual was driving.
An individual was following a high protein diet with little carbohydrates, which can have an impact on an individual’s blood alcohol content.
An individual had alcohol in his or her mouth, which was present from mouthwash not alcoholic beverages.
The reason for the traffic stop was not lawful.
The officer did not read an individual his or her rights.
If a minor is facing an underage DUI charge, then he or she should seek an attorney’s help immediately. There are many consequences one can face from an underage DUI charge, but a skilled team of legal experts have the knowledge and experience to develop a solid case.