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Under 21 Years Of Age DUI Convictions Or Charges

What Is California’s Zero Tolerance Law? Who Does This Apply To?

The Zero Tolerance Law in California applies to two groups of people. Anybody who’s under 21 is zero tolerance. If you are under 21, you can’t have any measurable amount of alcohol in your breath or blood, even a 0.01%. The Zero Tolerance Law also applies to people who are on DUI probation. You can’t have any measurable amount of alcohol in your breath or blood if you’re on DUI probation. It is important to remember that alcohol in your system can be measured by a breath or blood test. However, we’ve seen breath testing where a person does not have alcohol in their system, but still have a measurement of 0.01% on a breath test machine. Breath testing machines are not 100% reliable, so you have to be very careful.

What Are The Consequences For A Minor Under 17 Years Of Age Who Is Convicted Of A DUI In California?

The consequences for a minor who is convicted of a DUI in California also affects his or her parents or guardian. Once a minor is convicted of a DUI in California, that minor becomes a ward of the court, and the penalties is up to the judicial officer or judge who’s presiding over the minor’s case. A conviction can include penalties such as attending an alcohol program and being placed in juvenile detention. Throughout the proceedings, the minor’s parent or guardian needs to be in court on each and every occasion. Oftentimes, a minor’s case can actually take a lot longer to resolve. Once the minor is an adjudicated ward of the court upon a conviction, there are subsequent court proceedings that the court often imposes or sentences for the minor to follow-up. Further, the court usually orders the minor to come to court on a semi-regular basis along with their parent to demonstrate that there aren’t any problems with the minor. Moreover, a minor could also lose their license until they reach the age of 18. Therefore, the consequences can be substantial for a minor who is arrested and convicted of a DUI.

What Are The Consequences Or Sentencing Guidelines For A Minor Between 18 To 20 Years Of Age Who Is Convicted Of DUI In California?

A minor who is 18 years of age, but under 21 years of age, will be treated as an adult in adult court with adult penalties. There is a significant difference in that the suspension will be for one year. So, if you’re under 21, but 18 or older, you’re looking at a potential one-year suspension from the DMV. In court, you face a DUI conviction, a fine, an alcohol program, installation of an ignition interlock device, a one-year suspension of your driver’s license, and treated as adult in the adult court.

If A Minor Is Arrested For A DUI, Is He Or She Taken To Jail?

If a minor is arrested for a DUI, they are not generally taken to adult jail. They could be taken to juvenile hall. Sometimes, a minor could be taken to the police station and released to a parent or guardian. But they aren’t mixed with adults, and that’s the same throughout Los Angeles, Orange, Ventura, San Bernardino, and Riverside County. In all of those counties, though a minor could be released and not taken into custody, under certain circumstances, they can be taken into custody and brought to a juvenile detention facility.

Can The Police Question And Request A Breath Or Blood Test From A Minor Who Is Under 18 Years Of Age Without A Parent Being Present On The Scene?

Police officers often question and request a breath or blood test from minors under 18, even if a parent is not present at the scene. When you get your driver’s license in California at the age of 16, you consent to a chemical test of your breath or blood in the event that you’re arrested for a DUI alcohol in California. Also, when a minor has a driver’s license, he or she consents to a urine test in the event that it is a DUI drug case.

What Is The Court Process For A Minor Who Is Charged With DUI In California?

Once a minor is cited for a DUI in California in Juvenile Court, he or she is given a notice to appear. That minor has to appear with the parent or guardian on that initial court proceeding. The relevant inquiry with a minor who is arrested for a DUI in the juvenile court is: Should the minor be a ward of a court or adjudicated a ward of the court? If the minor becomes a ward of the court or adjudicated a ward of the court, the court can impose sanctions and punishments on the minor, and make sure that a parent or guardian is present for the entire process each time there is a proceeding in court. There is no jury trial in juvenile court. They aren’t entitled to juries. So, when a minor is brought into court, it’s a whole different type of proceeding compared to an adult person.

What Are Some Possible Defenses That Can Be Used In A Case Where A Minor Is Facing DUI Charges?

The defenses for a minor are pretty much the same as defenses for an adult who is charged with a DUI. You still have the issues of probable cause and a legal search and seizure. You also have a right to a trial in front of a judge. The biggest difference between a minor charged with DUI versus an adult is that there is no jury trial. There is no right to a jury trial in the juvenile court. Otherwise, minor generally has the same constitutional rights as that of an adult.

Could My Minor Child’s DUI Charge In California Be Dropped To A Lesser Offense?

In California, a minor’s DUI charge could be dropped to a lesser offense. Whatever offenses are available for an adult, would be available to a minor in the event that he or she is charged with a DUI. The charge could be dropped, or an alternative charge could be an option in the event that there are negotiations with the prosecution and the court to lower the charge or modify it to a different offense.

Is It Possible To Have A Minor’s DUI Conviction Sealed Or Removed From His Or Her Record In California?

It is possible to have a minor’s DUI conviction sealed in California. Generally, when a minor reaches an adult age, the juvenile record is sealed. As a result, there would be no criminal conviction on the person’s record. Adult convictions on the other hand usually stay on a person’s record. As mentioned, once a minor becomes an adult, the record is sealed.

For more information on Under 21 Years Of Age DUI Convictions Or Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.

Top Gun DUI Defense Attorney Myles L. Berman

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