What Is Underage DUI Under California Law?
California has a strict "Zero Tolerance" law for drivers under 21, making it unlawful to operate a vehicle with a blood alcohol concentration (BAC) of 0.01% or greater. This is codified under Vehicle Code (VC) 23136. Unlike adult DUI laws, which typically require a BAC of 0.08% or higher, underage drivers face penalties for even a trace amount of alcohol. This law aims to deter underage drinking and driving, emphasizing public safety.
Penalties for Underage DUI in California
An underage DUI conviction in California can lead to significant consequences, impacting a young person's driving privileges, finances, and future opportunities. The penalties are designed to be a strong deterrent against underage drinking and driving. These consequences can vary depending on the specific circumstances of the case and any prior offenses.
- Driver's License Suspension: A mandatory one-year suspension of driving privileges, even for a first offense under VC 23136.
- Fines and Fees: Significant monetary fines, court fees, and administrative costs can accumulate quickly.
- DUI Program/Education: Requirement to complete an alcohol education program, which can be lengthy and costly.
- Increased Insurance Rates: Auto insurance premiums will likely increase substantially for several years.
- Criminal Record: Depending on the specific charges (e.g., VC 23140 for BAC 0.05% or higher), a criminal record may result.
Common Defenses for Underage DUI Charges
Facing underage DUI charges can be daunting, but experienced legal representation can explore various defense strategies. A skilled attorney will meticulously examine the evidence and circumstances surrounding the arrest to challenge the prosecution's case. Effective defense can lead to reduced charges or even dismissal.
- Lack of Probable Cause: Challenging whether the officer had a lawful reason to stop the vehicle.
- Improper BAC Testing: Questioning the accuracy or administration of breathalyzer or blood tests.
- Rising BAC Defense: Arguing that the driver's BAC was rising and was below the legal limit at the time of driving.
- Mouth Alcohol: Presence of alcohol in the mouth from sources like mouthwash or medication can skew breath test results.
- Violation of Rights: Asserting that constitutional rights were violated during the arrest or investigation.
Why the Southwest Justice Center Matters
For those facing underage DUI charges in Murrieta, Temecula, and the surrounding Southwest Riverside County area, cases are typically heard at the Southwest Justice Center. This court handles a high volume of criminal cases, and navigating its procedures requires specific local knowledge. Attorney Nic Cocis has over 25 years of experience practicing at this very courthouse, giving him invaluable insight into the local judges, prosecutors, and court dynamics.
Contact a Murrieta Underage DUI Defense Attorney
If you or a loved one is facing underage DUI charges in Murrieta or the Southwest Riverside County area, it is crucial to seek experienced legal counsel immediately. An attorney can protect your rights, explain your options, and fight for the best possible outcome. Contact the Law Office of Nic Cocis today for a confidential consultation at (951) 400-4357.