Were you arrested for an
underage DUI in Orange County? Is the big “18th” birthday around the corner
and will you be 18 – a legal adult before your hearing or trial?
Will being 18 change the outcome of your DUI proceedings?
First, let’s take a look at California’s underage drinking
and driving law. California has a zero tolerance policy when it comes
to people under 21 drinking and driving.
While it’s illegal for drivers age 21 and over to drive with a blood
alcohol concentration (BAC) of .08% or above in California, if you’re
under 21 – you can’t drive with
any detectable alcohol in your system – big difference.
California’s Mandatory One-Year License Suspension
Under California law, if you’re under 21 and you’re caught
with any alcohol in your system, you can automatically lose your driver’s
license for one year, no questions asked.
This means that you can be convicted of DUI even if you only had one drink.
If you are convicted of DUI, depending on your BAC and your history, you
- Mandatory DUI school
- Up to 5 years’ probation
Does being 18 change anything?
Since you will no longer be a juvenile when it comes time to face your
DUI charges, will being 18 change anything? Being 18 will
not change anything; you will still be prosecuted in juvenile court because
you were a minor at the time of your arrest.
You are possibly facing a one year zero tolerance driver’s license
suspension and being on juvenile probation, which is a lot like having
another parent in your life. The DMV however, will have to wait until
you have a DUI conviction before it can impose the one year license suspension.
In under 21 DUI cases, it’s the age at the time of the arrest that
determines how DUI charges are treated, thus your DUI will be processed
in the juvenile court system. If you’ve been arrested for DUI, the
best thing for you to do is hire a defense attorney and fight to avoid
a conviction in the first place.
To work with a Board Certified DUI specialist, contact an Orange County DUI lawyer from the Law Offices of Virginia L. Landry, Inc. today!