Under 21 DUI Charges in California
For those drivers who are arrested for a DUI when they are under the age of 21, they are subject to the 'Zero Tolerance' law, as described under California Vehicle Code 23136. This law stipulates that underage drivers with any amount of alcohol in their system can face severe consequences, including the loss of their driver's license for one year with no restrictions. The 'Zero Tolerance' law means that even a small amount of alcohol in the system of an underage driver can lead to serious penalties. While it is possible to apply for a hardship license with the Department of Motor Vehicles, these requests are rarely granted. The California legislature is very tough on DUIs and is especially tough when it comes to underage drivers drinking alcohol and driving.
For underage DUI drivers in California, the penalties are as severe as they are for adult drivers. In such cases, the role of an experienced DUI lawyer is crucial. They are adept at navigating the legal system and building a strong defense. It's important to remember that underage drivers cause most accidents on the San Fernando Valley streets.
Therefore, allowing them to drink alcohol and drive can lead to disastrous consequences. However, with the right legal representation, there is hope for a favorable outcome for underage DUI drivers in California, just as there is for adult drivers.
An experienced DUI lawyer plays a crucial role in defending a minor who has been charged with driving under the influence. They know exactly how to navigate the legal system and build a strong defense. Unfortunately, underage drivers cause most accidents on the San Fernando Valley streets. Hence, permitting them to drink alcohol and drive can lead to disaster.
One of my main goals as an underage DUI attorney in defending clients under the age of 21 who drink alcohol and drive is to try and make sure that their record is protected. They are educated on the potential hazards for them if they drink and drive and end up hurting or even killing someone.
One of the most effective strategies we can employ to turn the tide in favor of the client is to demonstrate that their behavior was an aberration, a one-time mistake that will never happen again. This defense strategy, when presented effectively by an experienced lawyer, can significantly impact the outcome of an underage DUI case. As an experienced lawyer, I have successfully used this strategy for many underage drivers over the years, instilling hope and optimism in them and their families.
What Factors Must Be Proven for a Conviction?
It is not that difficult to prosecute and convict someone for a DUI if they are under 21. The reason for this is the zero-tolerance law. If the police can prove that the person was driving a car, was under the age of twenty-one, and had any alcohol in their blood, they can be found guilty of underage DUI.
Most of the issues related to adult DUI cases center around problems proving that the adult was over the legal limit. Even if they were over the legal limit, they were still safe to operate a motor vehicle. If all the prosecutors have to prove is that the person had alcohol in their system, that limits the defenses, and it all comes down to damage control.
For some reason, adult prosecutors and police will give a person under the age of 21 the benefit of the doubt under the right circumstances in a DUI case. I see this in applications related to drivers over the age of 18 but under 21 who are stopped for DUI investigations.
Many times the police will target their driver's license versus trying to send them to criminal court. I cannot tell you how many times I have seen the police pull a young person over, realize they have been drinking and driving, take their license away from them, make them park their car and walk home, and not give them a ticket to appear in criminal court.
Now, if the same driver had been in touch with an underage DUI attorney, they would know that they could take steps to make things right again.
What is the Best Strategy for an Underage DUI Case?
For young people who have to appear in adult or juvenile court for a DUI case, the best strategy is to consult with a seasoned DUI defense attorney who has traveled the path you are about to travel and has had success defending a similar case.
When I meet with clients and their parents, my goal is to instill hope and optimism by mapping out a plan for success related to their case. We will give you a realistic feel for what you are facing and what you can do to help me achieve the best possible result for you under the circumstances. When you contact our office, you can rest assured that you are in the right hands. Our underage DUI lawyers have handled numerous cases in Los Angeles County and all San Fernando Valley Courthouses over the last 25+ years, and we are committed to helping you navigate this challenging time with confidence and security.
Once we have a plan in place, it is just a matter of executing it and making sure that we are doing things that will make a difference to the prosecutor and judge. There is no reason just to spin your wheels. With a plan in place, you will obtain a sense of control back and be at peace knowing that your case will be handled the right way and put you in a position to be successful and move on with your life! Pick up the phone and give us a call. Our main office is located in Encino, California.
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