Daily Archives - August 9, 2012

Zero Tolerance For Minors Under 21 in DUI Cases

California has a zero tolerance law for people under 21 who are caught drinking and driving. It is illegal to drink at all in the United States if you are under the age of 21. It is illegal for people of any age to get behind the wheel of the car if their Blood Alcohol Concentration (BAC) is .08% or more. However, if you are a minor the threshold is even lower. If you are found with preliminary tests to have a BAC of .01% of higher, then the consequences can be severe. It is always best to have a knowledgeable and experienced San Jose DUI attorney on your side for help.

The case against you can be much worse if your BAC was .05% or higher. This would then turn into a criminal offense and you may be tried as an adult. Otherwise, your DUI is considered a civil offense and you would be tried as a minor in that case. A criminal record is something that can change the course of your entire life if not expunged and your DUI attorney in San Jose can explain to you the consequences of your actions in depth. Your entire life is ahead of you as a teenager and you do not want one fateful mistake to change the entire course of it. As a minor, if you are asked to submit to BAC testing at the scene, then you are required to comply. This is unlike an adult who has the right to refuse these types of tests.

The refusal of a BAC test can result in your license being confiscated on the spot and a suspension of that license for a full year, on top of any suspensions as part of a sentencing if convicted. Even if you were not driving, but caught drinking, you can still have your license taken away. And, if you are not yet a licensed driver, the age when you could become licensed may delayed for up to one year. The circumstances and penalties are different for minors, so make sure any San Jose DUI lawyer you choose to represent you has experience with cases where the defendant was under 21.

It is always a mistake to get behind the wheel of a car while drunk, or even under the influence of mind-altering drugs—whether legal drugs or not. Do not let this mistake change everything and call a DUI lawyer today for help.

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