Under 21 DUI Defense Lawyer in Long Beach
If you are facing DUI or drunk driving charges in California and are under the age of 21, you need the assistance of an experienced and competent California underage drunk driving defense attorney. The Law Firm of Joseph H. Low IV - Attorneys for the People has a long history of aggressively and successfully handling all crimes in California. The firm is dedicated to vigorously protecting the rights of their clients and achieving the best possible results. The firm's founder, Joseph H. Low IV, is a criminal trial attorney with experience in defending clients nationwide and has the reputation as a tough courtroom attorney and successful legal strategist.
The California Vehicle Code Section 23140 is a specific law pertaining to DUI offenses committed by people under the age of 21. Anyone under the age of 21 who has a BAC (blood alcohol content) of 0.01 or higher can be charged with DUI. If you have even one drink and get behind the wheel, you are risking severe penalties and could possibly face jail. This law is referred to as the "Zero Tolerance Law" and if you are convicted of driving under the influence, your penalties will be more severe. Mr. Low can explain your rights to you free of charge and will help you get through a very traumatic experience.
Even though there is a separate law for you, your rights under the constitution are the same. If you are pulled over by the police, you must provide your name and address and proper documentation including your drivers' license. You do not however have to answer any other questions such as what you drank, where you were, who you were with, etc.
You do not have to consent to any roadside tests including field sobriety tests or breath tests. Be polite when refusing the tests but be firm in your response to the police. You may say something like "officer, I understand my consent is voluntary and I choose not to volunteer". If the police suspect that you are DUI, you will be taken to a police station and asked to submit to either a breath test or a blood test. You should submit to this test since your refusal to take it will result in more severe penalties.
The procedures for requesting a DMV hearing are the same for anyone who has been charged with DUI (check our DMV link). You will still need to go to court to fight for your rights and you must make sure you have an experienced Long Beach DUI attorney fighting for you.
These are the penalties for violating California's "Zero Tolerance Law".
- Anyone under 21 found driving with a blood alcohol level of .01 percent or higher will automatically lose their driving privilege for one year.
- Minors found driving with alcohol in their systems who don't yet have a driver's license, or who aren't eligible for a license at the time of the violation, will be disqualified from applying for a license for one year.
- A driver under 21 with a blood alcohol level at or above .08 percent (the state's current presumptive level for DUI) can be arrested and prosecuted for driving under the influence.
- Anyone under 21 who is arrested for any alcohol or drug offense will have his/her license suspended for at least one year. If he or she does not have a license, the offender must wait an additional year before one will be issued.
- It is a crime for anyone under the age of 18 with a blood alcohol level of .05 percent or higher to operate a motor vehicle.
- Anyone convicted of this crime will be sentenced and fined as an adult but will spend his/her sentence in a juvenile correctional facility or California Youth Authority Detention Center. There will also be a mandatory enrollment in an alcohol education program or community service.
- The court may order that all fines and fees be paid by the parent (Ouch!)
Remember that if you are arrested for DUI you are not alone. MADD reports that, just in California, there are over 200,000 arrests made each year. Your arrest depends on what the police see, hear and do but your freedom can depend on your attorney. If you are in trouble and your freedom is on the line, you need an attorney who is not afraid to fight for you and your rights, a lawyer who is passionate about your situation, dedicated to your case and will NOT quit.