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Consequences of Underage Drinking and Driving in California

Posted on in DUI

San Jose underage DUI attorneyDrinking and driving is a deadly crime. In 2016, alcohol-related driving fatalities accounted for 28 percent of all traffic fatalities in the United States. Though the number of alcohol-related traffic fatalities has decreased for underage drinkers, juvenile drunk driving remains a problem. In 2016, the National Highway Traffic Safety Administration (NHTSA) reported that car crashes are the leading cause of death for teenagers and about a fourth of those car crashes involved an underage drinking driver. Underage drinking and driving is a serious offense, which is why perpetrators face strict punishments. Understanding these punishments is vital if you or your child are facing juvenile DUI charges.

Laws Regarding Drinking and Driving

There are a handful of laws applicable to juvenile DUI cases, with some of them targeting underage offenders. Teens who choose to drink and drive are subject not only to the underage DUI laws but also the regular DUI laws.

“Zero Tolerance” Law - VEH 23136 

This law states that a person under the age of 21 can be charged with a civil offense if they are caught driving with a BAC over .01%. Violating this law can result in an administrative license suspension of at least one year, but up to three years if the person has a history of DUI.

Underage DUI - VEH 23140 

If a young person is caught driving with a BAC of more than .05%, they will be subject to arrest. A conviction carries a $100 fine for a first offense and if the offender is over the age of 18, a requirement to attend an alcohol education program that lasts at least three months.

Standard DUI - VEH 23152 

This law applies to anyone who is caught driving with a BAC of over .08%. It also applies to those who are caught driving while addicted to drugs, under the influence of drugs or any combination of alcohol and drugs. A first-time DUI is a misdemeanor in California and can carry penalties such as:

A one-year driver’s license suspension;

Three to five years of summary probation;

Fines between $390 and $1,000; and

A requirement to attend a 3-month or 9-month drug or alcohol education program.

A San Jose Juvenile DUI Defense Attorney Can Help

Teens accused of drinking and driving face serious consequences that can impact the start of their young adult lives. If you or your child are facing underage DUI charges, you should contact a Santa Clara County juvenile DUI defense lawyer right away. Everyone deserves a second chance, especially teens. The skilled attorneys at Jachimowicz Law Group can help you get that second chance. Call our office at 408-246-5500 to schedule a free consultation.


Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23136.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23140.&lawCode=VEH

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23152.&lawCode=VEH

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812450


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