Matthew J. Ruff, Under Age DUI Lawyer
Manhattan Beach, San Luis Obispo, Santa Barbara, Redondo Beach, Torrance, Hermosa California
Call 1-877-213-4453 for a Free Consultation
UNDER AGE DUI LAW IN CALIFORNIA
If you are under the age of 21 and you have been arrested for Drunk Driving
then you will face a
different set of standards at the DMV and in Court
as compared to someone over 21.
Instead of the typical "legal Limit" of 0.08 % blood alcohol your
"limit" as you might want to
refer to it as is 0.01%. Basically you are not allowed to have any alcohol
in your system while you
are driving. From the law perspective that makes perfect sense seeing as how
you are not
supposed to drink, be served or buy any alcohol until you are age 21 or over.
That is not it however, because just like with people over 21, there are two
separate processes
that you must participate in. The DMV and the Court. If the officer arrested
you for Vehicle Code
23152 the same law that applies to persons over 21 will apply to you, that
is the .08% standard.
However there are specific criminal laws that apply to persons under 21. If you are under age 18 at the time of the arrest or citation you will end up in the Juvenile Court in the County where you were stopped. Unfortunately, juveniles do not have a right to a jury trial, a judge will hear the evidenceb and decide your guilt or innocence. Persons over 18 but under 21 will appear in the same Court as individuals older than twenty one. If you are charged with 23152 (the regular DUI statute) then you will be allowed a jury trial because you are looking at jail time. If charged with 23140, this violation is an infraction and you will not be able to request a jury trial because no jail time is possible under 23140. The
specific law reads as follows:
VEHICLE CODE SECTION 23140
(a) It is unlawful
for a person under the age of 21 years who has 0.01% percent or more,
by weight, of alcohol in his or her blood to drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if the person
was, at the time of
driving, under the age of 21 years and under the influence of, or affected
by, an alcoholic beverage
regardless of whether a chemical test was made to determine that person's
blood-alcohol
concentration and if the trier of fact finds that the person had consumed
an alcoholic beverage and
was driving a vehicle while having a concentration of 0.01 percent or more,
by weight, of alcohol
in his or her blood. (c) Notwithstanding any provision of law to the contrary,
upon a finding that a
person has violated this section, the clerk of the court, or judge if there is no clerk, shall prepare
within 10 days after
the finding and immediately forward to the department an abstract of the record
of the
court in which the finding is made. That abstract shall be a public record
and available for public
inspection in the same manner as other records reported under Section 1803.
California Vehicle
code section 13202.5(d)(4) requires a mandatory one-year suspension whether the conviction
is for a misdemeanor
or infraction. Other code sections that apply to persons under 21:
23502. (a) Notwithstanding any other provision of law, if a person who is
at least 18 years of age
is convicted of a first violation of Section 23140, in addition to any penalties,
the court shall order
the person to attend a program licensed under Section 11836 of the Health
and Safety Code,
subject to a fee schedule developed under paragraph (2) of subdivision (b)
of Section 11837.4 of
the Health and Safety Code. (b) The attendance in a licensed driving under
the
influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person
has not been
convicted of a separate violation of Section 23140, 23152, or 23153, or of
Section 23103, with a
plea of guilty under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or
of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of,
the Penal Code, the
person shall complete, at a minimum, the education component of that licensed
driving-under-the- influence program.
(2) If the person does not meet the requirements of paragraph (1), the person
shall complete, at a
minimum, the program described in paragraph (1) of subdivision (c) of Section
11837 of the Health and Safety Code.
(c) The person's privilege to operate a motor vehicle shall be suspended by
the department as
required under Section 13352.6, and the court shall require the person to
surrender his or her
driver's license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving
privilege will not be
restored until the person has provided the department with proof satisfactory
to the department
that the person has successfully completed the driving under the influence
program required under this section.
13352.6. (a) The department shall immediately suspend the driving privilege
of any person who is
18 years of age or older and is convicted of a violation of Section 23140,
upon receipt of a duly
certified abstract of the record of any court showing that conviction. The
privilege may not be
reinstated until the person provides the department with proof, satisfactory
to the department, of
financial responsibility and of successful completion of a driving-under-the-influence
program
licensed under Section 11836 of the Health and Safety Code. That attendance
shall be as follows:
(1) If, within seven years of the current violation of Section 23140, the
person has not been
convicted of a separate violation of Section 23140, 23152, or 23153, or of
Section 23103, with a
plea of guilty under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or
of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of,
the Penal Code, the
person shall complete, at a minimum, the education component of that licensed
driving under the influence program.
(2) If the person does not meet the requirements of paragraph (1), the person
shall complete, at a
minimum, the program described in paragraph (1) of subdivision (c) of Section
11837 of the Health and Safety Code.
(b) For the purposes of this section, enrollment, participation, and completion
of the program
shall be subsequent to the date of the current violation. No credit for enrollment,
participation, or
completion may be given for any program activities completed prior to the
date of the current violation.
If you would like a FREE consultation for your DUI,
call toll free at 1 -877-213-4453
and I will provide you with more information.
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