How Does Los Angeles County Address DUIs for Drivers Under 21?

How is Underage Drinking and Driving Handled in Los Angeles County?

In every state, no matter how young or old a driver is, driving under the influence (DUI) is against the law. If you are the parent of a driver under 21 years of age, what do you need to know about DUI in California? When will you need to contact a Los Angeles DUI defense attorney?

No young person should ever be convicted of driving under the influence. A driving under the influence conviction can close the door to many educational and employment opportunities. Teen drinking may also negatively affect a young person’s health and performance in school.

In this state, driving under the influence charges are quite serious for drivers under 21 years of age. Youths in California need to know that drinking and driving can be a fatal combination, and they need to know that the young people who get caught drinking and driving are the lucky ones.

What is Zero Tolerance?

Minors may not buy or consume alcohol in this state, so drinking even one sip is illegal for anyone under 21. If their blood alcohol concentration (BAC) level measures even 0.01 percent, underage drivers may be charged with DUI, while the limit for adult drivers is 0.08 percent.

It doesn’t matter if an underage driver was actually too impaired to drive or even if the alcohol was in food or medicine that the driver consumed. Any minor in this state who is found to be driving with any trace of alcohol in the bloodstream is in violation of California law.

What are California’s DUI Laws for Drivers Under Age 21?

Two California laws deal specifically with underage driving and drinking. An underage driver who is convicted of violating either statute may have his or her license suspended for a year, and if subsequent offenses occur, the driver’s license may be revoked for two years or more:

1. California Vehicle Code 23136, the “zero tolerance” statute, makes it unlawful for a minor with a blood alcohol concentration level that measures at or above 0.01 percent to operate a motor vehicle.
2.  Vehicle Code 23140 provides penalties for a minor who operates a motor vehicle while that minor’s blood alcohol concentration (BAC) level is at or above 0.05 percent.

When minors are involved, California’s police officers and courts aggressively enforce the state’s DUI laws. If your child is charged with violating either of these statutes in Southern California, you must reach out to a Los Angeles DUI defense lawyer as quickly as possible.

How Are Underage DUI Violations Penalized?

An underage driver does not have to be impaired to be convicted of driving under the influence. Merely driving with a measurable BAC level is enough to convict a driver who is under the age of 21. An underage driver who is convicted of violating Vehicle Code 23136 or 23140 may:

1.  have his or her driver’s license suspended for a year
2.  be fined
3.  be ordered to complete an alcohol education program

An underage driver who declines to submit to a breathalyzer examination may also have his or her driver’s license suspended for one year.

What Other DUI Laws Affect Underage Drivers?

Along with these two laws that directly address underage drinking and driving, drivers in California who are under the age of 21 may also be charged with violations of this state’s other driving under the influence laws, which include:

1.  driving under the influence of drugs and/or alcohol (Vehicle Code 23152[a])
2.  driving with a BAC level at or above 0.08 percent (Vehicle Code 23152[b])
3.  DUID, which is driving while under the influence of drugs (Vehicle Code 23152[f])
4.  injuring one or more persons while driving under the influence (Vehicle Code 23153)

Unlike the statutes in California that are aimed exclusively at underage drivers, the conviction of an underage driver for any of the four charges listed above may entail serious criminal penalties and a lengthy driver’s license suspension.

How Do Lawyers Defend Underage Drivers Against Drinking and Driving Charges?

How will a Los Angeles attorney defend an underage driver who faces one of these charges? Depending on the details of the charge, there are a number of possible defenses that a Los Angeles DUI defense attorney can offer in these cases, including but not limited to:

1.  The defendant was not, in fact, operating a motor vehicle.
2.  Police officers lacked probable cause to make a stop, and they violated the driver’s rights.
3.  The police officers failed to inform the suspect in plain language about his or her rights.
4.  The breathalyzer exam was improperly administered, or the device was defective.

What Else Should Parents Know About Underage DUI?

Drinking and driving is a factor in many of the fatal traffic accidents that involve teenagers. If you’re the parent of a teenager in California, speak frequently to your son or daughter regarding the dangers of drinking and driving.

If your child is charged with driving under the influence in or near the Los Angeles area, a Los Angeles DUI defense lawyer will aggressively protect your child’s rights and work to bring your child’s case to its best possible outcome.

Why Should You Choose DUI Defense Group to Represent Your Family?

Attorney Rob Samudrala is the founder and Senior Attorney of the DUI Defense Group. As a former prosecutor, he knows the law from both sides of the courtroom, and he has considerable experience in the Southern California courts.

Since 2008, Rob Samudrala has dedicated his legal practice to DUI defense, and he has successfully handled hundreds of DUI cases. If your child is charged with DUI, or if this happens in the future, our legal team will provide an in-depth case evaluation with no cost or obligation.

The DUI Defense Group will ensure that the court treats your child fairly and properly. If your child – or anyone in your family – is charged with DUI in Southern California, call the DUI Defense Group immediately at 866-927-3295 to schedule that initial case evaluation.