There is a common misconception among young adults that they are granted more leniency when behind the wheel. Unfortunately, this leads many to falsely believe that they will receive little more than a slap on the wrist if caught driving with alcohol in their system. In reality, California takes these matters very seriously, so understanding the penalties you can face in these matters is critical. The following blog explores what you should know if you are charged with a DUI under 21 and the importance of working with a DUI lawyer in Sacramento, California.
What Happens if I’m Charged with a DUI Under 21?
It’s important to understand that California, like all states, imposes a Zero Tolerance Policy on underage drunk driving. As such, if you are pulled over and you have a detectable BAC, meaning as low as 0.01%, you can be charged under the Zero Tolerance Law. In these instances, your driver’s license will be suspended for one year.
However, if your BAC is between 0.05% and 0.07%, you will be charged with an underage DUI. As such, you will face a one-year license suspension, a fine of $100, and mandatory participation in an alcohol education course.
Finally, if you have a BAC of 0.08% or higher, or the officer determines you are impaired as a result of the alcohol in your system, you will face a standard “adult” DUI, which carries standard penalties. If convicted, you will face three to five years of misdemeanor probation, a suspended license, up to $1,000 in fines, and up to six months in a county jail.
Are There Any Potential Defenses I Can Use?
If you are charged with a DUI under 21, it’s important to understand that this is not a charge that should be taken lightly. Not only can a DUI carry intense penalties, as previously mentioned, but having a criminal record can make obtaining housing and employment difficult.
As such, if you are facing charges, it is in your best interest to connect with an experienced attorney as soon as possible. They can examine the circumstances of your case to determine the best course of action for your situation. For example, after further investigation, your attorney may determine that the officer responsible for the arrest had no probable cause to conduct the traffic stop, thus violating your Fifth Amendment rights.
Another potential defense is that the officer who administered the breathalyzer test was inexperienced or administered the test incorrectly, which can cause incorrect results. Similarly, if you have certain medical conditions, like diabetes or GERD, it can result in a false positive breathalyzer reading.
An underage DUI is not something you should take lightly. As such, it is in your best interest to discuss your options with an experienced criminal defense attorney with the Law Offices of Dale R. Gomes. Our team understands how overwhelming these matters can be, which is why we are committed to exploring all avenues to provide you with the best possible legal advice for your circumstances. Contact us today to learn more.