The case of VC 23140(a)- DUI for under 21 dismissed, highlights the importance of understanding the legal and social implications of driving under the influence of alcohol as a minor and what are some DUI under 21 consequences that a DUI attorney can help with.
In the following lines, we will explain the details of the case, the applicable laws, the short and long-term consequences, the interventions, solutions, what to do when you get a DUI, and even the lessons learned and additional resources available.
Brief Summary of the Case
The police stopped a young man under 21 years of age for driving with 0.05% alcohol in his system under the legal limit allowed. After submitting to a preliminary alcohol detection test (P.A.S.) and testing positive, he was charged with DUI under 21 years of age. However, the attorneys at S&B Legal managed to have the charge dismissed, preventing the incident from being recorded in the minor’s record.
It is crucial to understand that drunk driving not only puts the driver’s life at risk but also the lives of other road users. For those under 21, the legal and social consequences can be even more severe, as any amount of alcohol in their system is considered illegal. Therefore, it is crucial to raise awareness of the fact that DUI is a felony and promote preventative measures among young people.
Case Description
The incident occurred on a local road at night, when the police stopped the minor for driving erratically. After performing a preliminary alcohol detection test, it was determined that he had 0.05% alcohol in his system, below the legal limit allowed for those over 21, but illegal for minors.
The minor involved in the case is an 18-year-old high school student with no previous criminal record. He lives with his parents and has an impeccable academic record. Despite making a mistake by driving under the influence of alcohol, he is considered a responsible and committed person.
The young man was stopped by police after being observed driving in a suspicious manner. During the stop, he was given a preliminary alcohol screening test (P.A.S.), which showed a positive result of 0.05% alcohol in his system. Although this number is below the legal limit for those over 21, he was charged with a DUI conviction for minors.
Legal Aspects
Applicable Laws
The state of California has the California Vehicle Code (CVC), which aims to protect young people and prevent alcohol-related accidents while driving. It has two articles that talk about DUI convictions:
- Vehicle Code (VC) 23152(a): states that it is illegal to drive while intoxicated.
- Vehicle Code (VC) 23152(b): makes clear what the alcohol limit for driving is in California (0.08%) and that you cannot drive with higher concentrations.
- Vehicle Code (VC) 23224N/A: establishes that minors under 21 years of age are prohibited from driving a motor vehicle under the influence of alcohol.
In this same regulation, it is established that an underage driver can be convicted of DUI if the ability to drive is really impeded due to alcohol and/or drugs or if the driver had a BAC of .08% or higher than this percentage.
In the context of the case, it is prohibited for anyone under the age of 21 to drive a motor vehicle with any amount of alcohol in their system.
Charges and Penalties
Typically, the maximum fine for a person 21 years of age or older who drives and consumes an alcoholic beverage ranges from paying a fine of $4,000, losing the driver’s license for approximately two years, participating in social programs related to alcohol awareness, or even spending one month to one year in prison.
Specifically, in this case, the minor was facing charges of DUI for those under 21 years of age. In this regard, it is necessary to remember that this is a minor offense, but if a DUI is committed for the first time in California, there may be consequences such as the following:
- One year suspension of the driver’s license.
- Three to five years of informal probation.
- Fines of $390 to $1,000.
- Completion of an educational program on alcohol and/or drugs lasting 3 or 9 months.
- Up to six months in county jail.
Other adult DUI charges that underage drivers can be charged with include:
- Drug possession
- Assault
- Vehicular manslaughter while intoxicated
- DUI murder (also known as “Watson murder”)
However, thanks to S&B Legal’s intervention in this case, the charge was dismissed and the minor avoided legal consequences.
In the following comparison table, we show you the penalties that a person under 21 years of age charged with a regular DUI conviction or a first-time DUI in California can receive according to the different sections of the California Vehicle Code (CVC) Law for a better understanding:
| Vehicle Code (VC) 23152(a) | Vehicle Code (VC) 23153 | Vehicle Code 23224N/A |
| Driver’s license suspension3-5 years of probation for a misdemeanorFine between $390 and $1,000Alcohol education programUp to 6 months in county jail | 3-5 years of probation for a misdemeanor5 days-1 year in jailFine payment between $390 and $5,000.Suspension of driver’s licenseCompensation to injured parties | Suspension of driver’s license for 1 yearA fine of up to $1,000Impossession of vehicle for 30 days |
DUI Under 21 Consequences
Immediate impact
The incident had an immediate, but also significant impact on the young man’s life, who experienced shame and remorse for his behavior. In addition, his parents were emotionally affected, so they had to deal with the legal implications of the case. On top of that, the minor faced both academic and social consequences, including the loss of trust from his friends and the community.
Long-term implications
Although the charge was dismissed, the incident could have long-term repercussions on the minor’s life. A criminal record for DUI or simply committing a first-time DUI in California could hinder his future employment opportunities and affect his chances of obtaining affordable car insurance. Therefore, it is important to take steps to prevent similar situations in the future.
Interventions and Solutions
Actions Taken
After the incident, the minor and his parents committed to attending alcohol education and treatment programs to avoid future problems. In addition, the minor complied with the sanctions imposed by the community and committed to not making the same mistake again, knowing that if he did it again, he would probably not have another chance to get away with it.
Rehabilitation and Education Programs
To help minors who have been arrested for DUI, there are rehabilitation and education programs available in the community, which offer emotional support, legal advice, and tools to prevent relapse into alcohol consumption and driving under the influence. Since there are numerous such programs in California, the young man attended the closest one to his home with his parents and completed it fully.
Preventing DUI in Minors
To prevent DUI in minors, it is essential to promote education about the risks associated with alcohol consumption and driving under the influence. Parents, schools, and the community must work together to raise awareness about the importance of making responsible decisions, thereby avoiding dangerous situations on the road.
Lessons Learned
The dismissed DUI case for under-21s teaches the importance of seeking legal help when faced with complicated situations. It also helps to remember that mistakes can have serious consequences, even if they are made unintentionally. It is crucial to learn from mistakes and commit to acting responsibly in the future.
Advice for Minors and Parents
To avoid similar situations, minors should remember that drunk driving is dangerous and illegal under any circumstances. Parents, for their part, should talk openly with their children about the risks associated with drinking and driving, setting clear boundaries that can be supported in times of crisis.
Additional Resources
Legal Information
For more information on local laws and regulations related to DUI for under 21, you can check the official website of the Department of Motor Vehicles, as well as the S&B Legal portal, you can contact us if you need further assistance.
Organizations and Help
There are rehabilitation centers located in the towns of San Diego County, Orange County, Los Angeles County and the Bay Area, which you can go to whenever you need it. There are also organizations and support groups that can offer free advice and resources to young people who are facing problems related to alcohol and driving.
Related Articles and Readings
Researching and staying up to date is very important. Therefore, on our legal blog, we have all the related information on DUI crimes in California that can help you at any given time.
Conclusion
In summary, it is important to be informed about the legal and social consequences of driving under the influence of alcohol as a minor. It is essential to take preventative measures, seek help in difficult situations, and commit to acting responsibly at all times to avoid tragedies on the road.
Road safety is everyone’s responsibility. Preventing DUI under 21 not only protects young drivers, but also their families, friends, and the community at large. Let’s make a joint effort to promote a safe and responsible driving culture that helps us prevent accidents on the roads.
Frequently Asked Questions
What happens if you get a DUI under 21?
The legal consequences of DUI for under 21 can vary by state, but typically include fines, driver’s license suspension, possible jail time, community service, and the need to complete an alcohol education program.
What preventative measures can be taken to prevent DUI in young people?
Some preventative measures that can be taken to prevent DUI among young people include educating them about the dangers of driving under the influence, encouraging the use of alternative means of transportation such as taxis or ride-sharing services, setting clear limits on alcohol consumption, and supervising their social activities.
Are there rehabilitation and education programs available for minors arrested for DUI?
Yes, there are rehabilitation and education programs available for minors arrested for DUI. These programs often include individual and group therapy, education on responsible alcohol and drug use, as well as follow-up care by mental health professionals.
How can the community help prevent DUI among minors?
The community can help prevent DUI among minors by organizing awareness campaigns about the dangers of drinking and driving, supporting education programs on responsible alcohol use in schools, promoting parental involvement in supervising their children’s activities, and offering safe transportation alternatives for young people.
