Consequences of a underage dui in california
Shortly after, Dave decides to drive himself home despite feeling lightheaded. On his way home Dave rolls through a stop sign in front of a local police officer. The officer pulls Dave over for the traffic sign violation and smell beer and marijuana on Dave. The officer asks Dave if he drank or smoked anything tonight, and Dave admits that he has.
Dave then submits to a PAS breath test where he registers a. Because underage DUI isn't a criminal offense, there is no risk of jail time.
California Laws Against Underage Drunk Driving
The penalty for violating Section is a suspension or revocation of your driver's license through the California DMV. You risk a suspension of your driver's license for one year if you are unable to successfully appeal your suspension. If you don't have a driver's license yet at the time of the stop, the State of California can extend the time you must wait to get a license by a year. Law enforcement officers are also required to inform you that a refusal to take a PAS breath test will also result in an automatic suspension of your driver's license for one to three years.
If the officer that stopped you under suspicion of underage DUI determines that you are in violation of the statute, he will confiscate your physical driver's license and issue you a temporary license good for 30 days. This license is intended to last you until your formal suspension, if any, takes effect. Unlike in a criminal case, you won't be arrested or given a citation with a court date attached.
California Underage DUI Laws
In fact, you have to be proactive to avoid a license suspension. You have 10 days from the date of your arrest to request a hearing on your license suspension from the Department of Motor Vehicles. If you timely request a hearing on your suspension, you will have the opportunity to fight the suspension at the administrative hearing. Your temporary driver's license will stay in effect until your administrative hearing is held. Much like in a criminal case, you can hire an attorney to represent you at the hearing. Given that these hearings often function like miniature trials, it is highly recommended to hire legal counsel that has experienced in DUI defense as well as with administrative hearings.
Many underage DUI hearings take place over the phone, but you can request an in-person hearing. If your attorney is successful, your license will be reinstated and you will face no other consequences. If you are ruled against, you will have to wait until the end of your suspension before you can re-apply for a driver's license. Unlike being over 21 and having your license suspended, in some cases, if you can prove a hardship exist, you will be able to get a restricted hardship license from the DMV.
"Baby Deuce" When You Are .05% And Under 21
A restricted license allows you to drive:. Restricted hardship licenses are not available to you if you refused to take a PAS test or breathalyzer. The DMV will also refuse to grant a hardship if they believe you have other methods of transportation available that render driving unnecessary.
Even if you are granted a restricted hardship license, you will be required to serve 30 days of your suspension before it can be used. Much like a standard DUI charge, the two primary types of defenses at an underage DUI hearing are challenges to the traffic stop and challenges to the chemical test. For a stop to be legal, an officer must have probable cause that you have committed a traffic violation or other crime before stopping and detaining you. Likewise, the officer must also have reasonable suspicion to believe that you have consumed an alcoholic beverage in order to request you take a PAS test.
If the DMV determines that either the stop or the test were unreasonable, your suspension will be lifted. You may also prevail at your hearing if your defense attorney is able to successfully challenge the accuracy of the test. Whether you submitted to a PAS test or a breathalyzer, there are certain requirements to ensure these breath-testing devices are accurate.
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Even a slight error in calibrating the PAS device can lead to a false positive. If your defense attorney can show that either the equipment was not properly calibrated or the officer was not properly certified, the DMV will dismiss your suspension and reinstate your driver's license. If you or a loved one have been charged in L.
As a result, violating California's underage DUI law will not result in jail time. Rather, penalties under VC include:. Violation of VC is a misdemeanor. Refusal to submit to, or failure to complete, a PAS test or a post-arrest DUI test will result in a driver's license suspension of at least one year. The department can also revoke the driver's license for two years or more if the driver has one or more prior convictions for:. Drivers have the right to challenge a suspension of their license including for a chemical test refusal.
To do so, they must request a license suspension hearing from the California Department of Motor Vehicles. Such a hearing is not automatic. The driver must request it within 10 days of being cited for VC or a chemical test refusal. An attorney can represent the driver at the hearing and can usually handle it entirely on the driver's behalf.
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If the driver wins at the DMV hearing, the suspension or revocation of the license will be canceled. It allows the underage driver to drive to and from work or school if no other transportation is available.
California Drunk Driving Laws
But such a license is not available if the reason for the suspension was a refusal to take a chemical test. Certain additional Vehicle Code violations are often charged along with underage drinking and driving. Some of the more common include:.
Underage drivers are often charged with Vehicle Code , possession of alcohol in a vehicle by a person under Minors who drive with weed in the car can be charged with Vehicle Code b , driving in possession of marijuana. VC b is California's "open container" law for marijuana. It makes it unlawful to drive while in possession of any marijuana that is:.
California DUI Charges for Minors Under 21 - Vehicle Code VC
Violation of California's open container law for marijuana is an infraction. VC is California's law against drinking or smoking marijuana while driving. Violation of this law is an infraction. If you or a loved one has been charged with violating California's underage drinking and driving laws, we invite you to call us for a free consultation. Our Las Vegas and Reno offices also offer services to people charged with violating Nevada's laws on underage drinking and driving. Vehicle Code However, this section shall not be a bar to prosecution under Section or or any other provision of law.
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Bobus v. Department of Motor Vehicles Cal. Vehicle Code a , endnote 2. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test.
If a blood or breath test, or both, are unavailable, then paragraph 2 of subdivision d applies. The privilege may not be reinstated until the person provides the department with proof of financial responsibility and until proof satisfactory to the department, of successful completion of a driving-under-the-influence program licensed under Section of the Health and Safety Code has been received in the department's headquarters.
That attendance shall be as follows:. Credit for enrollment, participation, or completion may not be given for any program activities completed prior to the date of the current violation. Vehicle Code a 1 , endnote Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. The attorneys at Shouse Law Group bring more than years collective experience fighting for individuals.
We're ready to fight for you. Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.