While the threshold blood alcohol concentration (BAC) for a drunk driving charge under Vehicle Code 23152 VC is 0.08%, an underage driver can face severe consequences if he/she has any amount of alcohol in his/her system. It is natural to worry when you receive information that your child is in legal custody for any alleged crime, but you have options.
If your child is under arrest for an alleged DUI (driving under the influence) offense, the police will not sympathize or pity him/her just because he/she is under 21. Retaining an attorney's services is the only reliable way to protect your child's best interest and reputation during this challenging and emotional moment after an arrest.
A skilled and experienced attorney will review your child's DUI case to prepare well-thought-out defenses that can convince the prosecutor to drop or reduce the alleged charges. To that end, the sooner you hire a DUI attorney, the better the odds of beating the alleged DUI charge that has put your child in legal custody.
Helpful Tips On What to Do If Your Underage Child is Under Arrest for an Alleged DUI Offense
Most teenagers and 20-year-olds do not understand the impact of intoxicated driving. Apart from being one of the leading causes of most auto accidents, intoxicated driving is also a crime that can attract severe penalties upon conviction.
If your child is under arrest for an alleged DUI offense, it is on you as a parent to do everything necessary to protect his/her best interests. Instead of worrying about what the case could turn into or how it could be your fault as a parent, you should take the necessary steps to protect his/her best interests for the best possible outcome on the charge.
Below are helpful tips on what to do if your underage child is under arrest for an alleged DUI offense:
- Educate the Child on His/Her Legal Rights
The best way to protect your child's best interests upon an arrest is by informing him/her of his/her legal rights. Regardless of age, every arrestee has several constitutional protections or legal rights that the arresting officer must respect, especially when interrogating a crime suspect.
Since police misconduct issues are not uncommon, it is important to educate your child on his/her legal rights as the alleged case continues through the legal justice system. Some of these constitutional protections include the right to:
- Humane treatment
- Stay free from sexual harassment
- Remain silent
- Stop answering the officer's questions during an interrogation
- Speak or consult with a defense attorney privately
- Stay free from unreasonable searches
- Call someone to inform him/her of the current situation or arrest
- A reasonable bail or bond
Remember to inform your child that the police are not his/her friend during these stressful times, regardless of how friendly they seem. Hence, talking to them politely or trying to prove his/her innocence will not help.
- Educate Yourself on Various DUI Laws That Could be Apply to Your Underage Child's Case
Another critical step to protecting your underage child's best interests upon arrest for an alleged DUI offense is understanding DUI laws that could apply to his/her case and the consequences of violating these laws. Explained below are typically the three main categories of underage DUI laws that could apply to your child's case, depending on his/her BAC level:
The " Zero Tolerance " Law
Since it is unlawful for someone under 21 years to drink or even sip alcohol, an underage motorist with any trace of alcohol in his/her system can still face a DUI charge. According to VC 23136, also known as the "zero tolerance" law, it is unlawful for anyone under the age of 21 years:
- To drive
- With a BAC of 0.01 percent or above
- After drinking an alcoholic beverage
Even small traces of alcohol in your system can raise your BAC to 0.01 percent. For that reason, the prosecutor could file a VC 23136 violation charge against your child even if the alcohol in his/her system was from any other source, not just an alcoholic drink.
Apart from alcohol, other potential sources of alcohol that can make your child guilty for the alleged "zero tolerance" DUI charge under VC 23136 include:
- Homeopathic medication
- Cough syrups
- Topical mouth-numbing gels
Typically, VC 23136 will apply to your child's DUI case even if he/she was not impaired or intoxicated as long as his/her BAC was 0.01 percent or above. When determining the child's BAC level, the officers will use a preliminary alcohol screening (PAS) device known as the breathalyzer.
A breathalyzer is a medium-sized hand-held device that uses a driver's breath vapor to estimate the level or percentage of alcohol in his/her blood system after stopping at a sobriety checkpoint for a speedy DUI investigation. Although blowing a breathalyzer is optional for drivers aged 21 years and over, an underage motorist cannot refuse this roadside sobriety test.
Doing so can make the Department of Motor Vehicles (DMV) suspend your child's driver's license (DL) for up to one year. That is why it is crucial to educate yourself about what the alleged DUI charge your child is facing could turn into in the eyes of the law. Unlike a standard DUI charge, " zero tolerance " DUI is an infraction punishable by:
- Driver's license suspension for up to one (1) year
- A fine of not more than $250
The Underage DUI Law
A violation of the underage DUI law will attract more severe penalties than a VC 23136 violation. Also known as the "underage DUI law," VC 23140 is the statute that makes it illegal for a person aged 21 or below to drive or operate an automobile with a BAC of 0.05 percent or more in his/her system.
If you are older than 21 years old, driving with a BAC of 0.05 percent would not count as a DUI offense, which is why VC 23140 is known as underage DUI law.
Unlike VC 23136 violation "zero tolerance" DUI charge discussed above, VC 23140 violation charge is a crime in the eyes of the court. In most cases, if an underage motorist is under arrest for an alleged VC 23140 violation charge, the arresting officers will confirm his/her BAC level at the police station using a chemical test.
A post-arrest DUI chemical test could involve a blood test, urinalysis, or breath test. Reminding your child in police custody of the importance of cooperating with the officers during these BAC tests is critical to avoid making the alleged DUI case more severe.
Although the penalties for a conviction under VC 23140 do not attract a jail term, the penalties your child will face upon conviction will be more severe than what you would expect for a "zero tolerance" DUI charge conviction. Here are the penalties for underage DUI charge conviction under VC 23140:
- A fine not exceeding $300
- A one-year license suspension
- A self-sponsored three-month DUI course
The Standard " Adult " DUI Law
The BAC result of the breathalyzer or chemical test could also attract a standard DUI charge that an adult would face for the same offense. In addition to the prosecution for VC 23136 and VC 23140 violations, the prosecutor could also file a standard DUI charge against your child if his/her BAC level is 0.08 percent or higher.
Depending on the specific facts of your child's case, your child could face any of the following standard "adult" DUI charges under VC 23152:
- Drunk Driving Charge
VC 23152(a) is the law that makes drunk driving or driving under the influence of alcohol illegal. That means if your child displays signs of intoxication, for example, slurred speech or watery eyes, the police can arrest him/her even if there is no evidence that his/her BAC is 0.08 percent or higher.
Generally speaking, this law will apply to your child's DUI case if his/her mental and physical abilities are impaired, meaning the minor cannot drive a vehicle as a cautious sober driver would under similar circumstances. For a conviction for VC 23152(a) violation, the prosecutor must prove:
- Your child did drive a motor vehicle
- He/she was under the influence of alcohol while on the wheel
If it is your child's first time DUI charge, a conviction for a drunk driving offense under VC 23152(a) will attract:
- A misdemeanor "summary" probation for three to five years
- Three to nine months of DUI school
- A fine ranging between $390 to $1,000
- Six-months driver's license suspension
- Detention in the county jail for forty-eight hours to six months
- Driving with Excessive BAC Charge
Like a drunk driving charge, the offense of driving with excessive BAC is also a misdemeanor in the eyes of the law. According to VC 23152(b), also known as "per se" DUI law, it is unlawful for a motorist to operate a vehicle with a BAC of 0.08 percent or higher.
Unlike a drunk driving charge, for a conviction for VC 23152(b) violation, the prosecutor must convincingly prove that your child's BAC was 0.08 percent or above at the time of the arrest. Upon conviction for VC 23152(b) violation, the penalties your child could face are identical to the ones listed above for a drunk driving charge conviction.
It is also worth noting that the penalties your child could face for a DUI charge conviction could increase or heighten if he/she has previous DUI offenses in his/her record or perhaps another person was killed or injured.
- Understand the Potential Long-Term Consequences Your Child Can Face Upon a Conviction for a DUI Charge
Undoubtedly, no parent would ever want their child to pay hefty fines or go to jail, but these are not the life-altering consequences of a DUI charge conviction. The actual threat to an underage motorist is that the rest of his/her life can change due to a single foolish mistake.
In addition to the jail term, hefty fines, and other penalties mentioned above, a DUI charge conviction can attract other life-altering consequences, including:
- College rejection — Nowadays, most schools and colleges will ask about criminal history as part of the admission criteria. That means a DUI conviction can affect your child's eligibility to join a college to pursue his/her dreams.
- Employment challenges — During a job interview, an employer could ask about a criminal background, and many will look at a DUI charge conviction as an instant disqualification. That means a potential employer could skip over your child for an equally or less qualified job applicant with a clean criminal record.
- Financial hardship — On top of the criminal penalties, a DUI conviction can also result in hiked insurance rates. Also, if your child caused an accident, the court could require him/her to pay damages or restitution to the injured party in a civil lawsuit.
- Housing challenges — Since landlords will also look at your criminal record before they accept you as a tenant on their property, a DUI conviction can make it challenging for your child to secure housing or an apartment to live in.
It is natural and understandable to want to protect your son or daughter from these life-altering consequences of a DUI conviction. If your underage child is under arrest for an alleged DUI offense, there is much you can do to protect his/her best interests and legal rights.
Hiring an attorney should be your first step once you receive a call or a message that your child is in legal custody for an alleged DUI offense.
- Understand the Possible Defenses an Attorney Can Use to Challenge an Underage DUI Charge
There are several reliable defenses an experienced DUI attorney can apply to help your child challenge the alleged DUI charge for the best possible outcome. While every DUI case is different, below are some of the applicable defenses that can increase your child's chances of obtaining the most favorable results on the alleged underage DUI charge:
- Your underage child was not driving
- Your underage child was not under the influence
- Your child's breath and blood test results were erroneous
- Your child had "residual mouth alcohol," which led to tainted results
- The arresting officers did not advise the child of his/her legal rights
- Your child's arrest was unlawful
- The breathalyzer equipment was faulty
- The officer (s) doing the chemical blood or urine test did not follow the required DUI chemical test procedures
Although obtaining a dismissal of the alleged case is not guaranteed, a skilled and seasoned attorney will know the specific defenses and arguments that could work in your child's favor for a lighter charge.
- Learn About Other Related Offenses the Prosecutor Could File Against Your Child if He/she is in Custody for an Alleged DUI Offense
Depending on the specific facts of your child's DUI case, the prosecutor file any of the following related charges against him/her instead of or alongside the underlying DUI charge:
Underage Possession of Alcohol in a Vehicle
According to VC 23224, it is unlawful for a child aged 21 to drive or operate a vehicle containing an alcoholic beverage inside unless:
- The minor had his/her parent or any other adult onboard
- The alcohol container is sealed and unopened
A violation of this statute is a misdemeanor offense punishable by:
- A jail term of not more than six months
- A fine of not more than $1,000
- Driver's license suspension for not more than a year
Possession of Marijuana While Driving
Although marijuana is partially legal, there are still strict regulations on who can possess, sell or transport this controlled substance. VC 23222(b) is the statute that makes it a criminal offense for any motorist:
- To have an ounce or less of marijuana or weed while driving on a highway or any public road
- And the motorist is not legally authorized to possess, transport, or sell the substance
A conviction for possession of marijuana while driving under VC 23222(b) is punishable by a fine of not more than $100.
Drinking and Smoking Marijuana While Driving
VC 23221 is the statute that makes it illegal for any motorist to drink alcohol or smoke marijuana while driving. A first-time violation of this statute is an infraction that could make your underage child pay a fine not exceeding $100 upon conviction.
Find a DUI Attorney Near Me
Despite our efforts as parents to educate and warn our children about the dangers and repercussions of drunk driving or impaired driving, not all will take heed. However, that is understandable for teenagers who are still learning through their mistakes.
If your child is under arrest for an alleged DUI offense in Van Nuys, the best step you can take to protect his/her best interest and legal rights is to contact an attorney. We at Leah Legal understand what a conviction for a DUI offense can do to your child's life, even after serving his/her sentence.
We invite you to call us at 818-484-1100 to discuss your child's DUI case with our attorneys. Our understanding attorneys will leave no stone unturned when preparing the best defense argument to challenge the DUI allegations your child is facing for the best possible outcome.