California Underage DUI Attorney

In California, If you are under the age of 21 and you have been arrested or issued a citation for Drunk Driving or an alcohol related driving offense then you will face a different set of standards at the DMV and in Court as compared to someone over 21. For starters, instead of the typical "legal Limit" of 0.08 % blood alcohol your "limit" as you might want to refer to it is 0.01%. Basically you are not allowed to have any alcohol in your system while you are driving. This is sometimes referred to as the "zero tolerance" law. From a legal perspective that makes perfect sense inasmuch as 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 Criminal Court.

Call Underage DUI attorney Matthew Ruff at 1-877-213-4453 for an immediate consultation.

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 evidence and decide your guilt or innocence. Persons over 18 but under 21 will appear in the same Court as individuals older than twenty one (Adult Court). 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 relating to VC 23140 is that no one under 21 is permitted to drive with a a blood alcohol level of .05% or higher. This offense usually only results in a ticket being issued and the person is released without being "arrested" in the traditional sense or booked into jail. The unique thing about VC23140 is that the law permits the police officer to administer a portable breath testing device, PAS or "Preliminary Alcohol Screening" machine to ascertain the blood alcohol content of the driver. This differs greatly for those over 21 who have the right to refuse the PAS and must be given a different type of breath test called an "evidentiary test" or a blood test. If you are under 21 you have no such right. If you are underage and are detained for suspicion of driving after having consumed an alcoholic beverage and subsequently refuse to take a PAS test, your license will automatically be suspended for one year with no ability to apply for a hardship restricted license for any reason.

The vehicle Code 23140 offense carries a maximum punishment of a substantial fine, the consequence of having to complete a DUI school and a license suspension as well as 2 points on your driving record for 10 years.

Another charge associated with underage drinking and driving is that of Vehicle Code 23136. This offense is essentially an administrative violation that prohibits driving with a .01 or higher. The violation is considered an infraction as well, just like the 23140 charge with the major difference that if you are adjudicated guilty of this cahrge it carries no points on your DMV and does not require completion of a DUI school. It will however result in a one year potential license suspension from the DMV and carries the same insurance consequences as the alternative charge of 23140.

With regard to the DMV, after the citation or arrest, the driver will be issued a pink document called a notice of suspension, temporary license. A DMV hearing must be requested with 10 days or there will be no way to avoid a mandatory license suspension. DUI Attorney Matthew Ruff takes care of all the paperwork to save the drivers license thru the administrative process.

Enforcement of these under 21 alcohol related driving offenses are usually much more prominent in areas where young people congregate such as college towns and popular hangouts. For example, in San Luis Obispo, the police have a special task force for underage drinking violators, as does many areas of Los Angeles, Redondo Beach and Torrance.

Underage DUI Attorney Matthew Ruff has defended hundreds of under 21 alcohol related charges over the course of his career with excellent results. These charges can be successfully defended in Court and at the DMV. In fact Matthew has a success rate of well over 80 percent overall for under 21 alcohol related charges. Examples of legitimate defenses include failure of the officer to follow state regulations in the administration of the breath test, illegal stop, detention and arrest. Use of faulty equipment or improperly maintained breath devices, just to name a few. In one recent case, Matthew defended a college student on a VC23140 ticket in Los Angeles County. The police officer cited her after her car collided with another in a university parking lot and her breath test was a .07%. The lawyer fought the case and got the charges thrown out both in Court and at the DMV due to improprieties in the breath testing procedures.

If you have a son or daughter facing an underage DUI and are concerned about the consquences it will have on insurance, the drivers license or criminal record and would like a FREE consultation, call Matthew Ruff toll free at 1-877-213-4453.