If you have been charged with a DUI in Orange County and you are under the age of 21, you should contact The Atias Law Firm, a criminal defense law firm in Orange County.  When people think of DUIs against minors, they think of a minor who was above the legal limit of a .08 BAC.  However, California has a zero tolerance law for minors which means that a minor can be charged with a DUI for having any traces of alcohol in his or her system regardless of the BAC.  California has two major laws for minors under the age of 21. The relevant portion of the law that is applicable to Minors Driving Under the Influence of Alcohol in Orange County is summarized below. However, the full text of the Minors Driving Under the Influence of Alcohol in Orange County can be found in California Vehicle Code Sections 23136 and 23140. For a defendant to found guilty of Driving Under the Influence of Alcohol while being under the age of 21, the prosecution must prove any of the following acts occurred;

• The defendant was driving with a BAC of .05% or greater and,

• The defendant was under the age of 21 at the time he or she was pulled over

Under California’s zero tolerance law for underage DUI, a defendant can receive a one year suspension of his or her driver’s license if the under 21 defendant was driving with a BAC of .01% or greater.. The DUI under the age of 21 laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Group, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense.

Penalties for DUI under the age of 21 in Orange County

DUI under the age of 21 in California is an infraction in California.  The penalties associated with DUI under the age of 21 include a one year suspension of a defendant’s driver’s license, a fine of $100.00 and a mandatory alcohol education program of 3 months or longer. In addition, if a defendant is deemed to have had a BAC of .08% or higher, he or she will be charged with a standard adult DUI under Vehicle Code 23152.  Additional penalties associated with DUI under the age of 21 for a BAC of .08% or higher includes three to five years of informal probation fines of $390 to $1,000.00, a 3 month, 9 month or 18 month alcohol educational program and up to 6 months in custody.

Defenses to DUI under the age of 21 in Orange County

Our team of criminal defense attorneys know the defenses that may help get your DUI under the age of 21 charges reduced or dismissed. There are a number of defenses to DUI under the age of 21 in Orange County, however the applicability of those defenses depends on the facts of your case.  Some of the common underage DUI defenses include the fact that you were not driving the vehicle at the time you were stopped by the police, that the DUI testing equipment wasn’t working properly or that the person doing your DUI chemical test didn’t follow proper procedure. Another defense is that you were within the margin of error for an acceptable BAC result or that was alcohol in your mouth due to prescription medication or mouth wash.  Other defenses include the fact that you were arrested unlawfully and the traffic stop was unlawful.

Reduced Charges to Misdemeanor/Infraction DUI under the age of 21 in Orange County

When the prosecution case is strong and they are pushing for a sentence of DUI under the age of 21, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to obtain a lesser sentence. The criminal defense lawyers at The Atias Law Group will help navigate you to getting your DUI under the age of 21 charge reduced to a lesser charge and perhaps even dismissed. Contact The Atias Law Group today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.