What to do When Your Underage Child is Arrested for DUI?

It is not easy to learn that your underage child has been arrested for driving under the influence of alcohol or drugs. The legal implications, the possible penalties, and the consequences in the future if your child is convicted may seem overwhelming.

Under California Vehicle Code 23136 and Vehicle Code 23140, minor offenders who are caught driving under the influence of drugs or alcohol face severe consequences that could impact their future regarding job, education, and housing opportunities.

However, when you familiarize yourself with the procedures followed in court and the actions you should take at the early stages of your child’s case, it can significantly make a difference in the outcome of their case.

If your underage child is charged with driving under the influence (DUI),  contact a criminal defense lawyer immediately. A competent and experienced attorney can deal with the legal issues in a DUI case, defend your child’s constitutional rights, and strive to obtain a positive outcome.

Defining Driving Under the Influence (DUI)

Under California law (VC 23136 and VC 23140), driving under the influence of drugs or alcohol is a grave crime, especially if you are an underage driver. For you to be charged with DUI, you have to have been operating a motor vehicle while being under the influence of drugs, alcohol, or a combination of both in such a manner that is unsafe for you as well as other users of the road.

In California, DUI laws are much stricter for individuals under the age of 21. This is because the state adopts the zero-tolerance policy, and therefore, any presence of alcohol in a minor’s bloodstream, no matter how slight, could attract DUI charges. This strict stand is in an effort to curb cases of underage drinking, improve safety, and hold people accountable for their actions.

Depending on your child's blood alcohol content (BAC) level and the circumstances surrounding their arrest, different DUI laws could apply to their case.

An Overview of What You Should Do if Your Child is Arrested for Allegedly Driving Under the Influence

It is pretty normal for you as a parent to be worried after hearing the terrible news that your underage child has been arrested for a DUI offense. However, there is a big difference in your child’s case outcome if you act promptly and know your rights in a civil case. Some of the critical tips on what to do after your child is arrested for DUI include the following:

You Should Explain to Your Child their Legal Rights and Responsibilities

Your child needs to know their legal rights and responsibilities from the moment they are arrested. This comprises the right to remain silent, humane treatment, speaking to a lawyer privately, calling you or someone else to inform them of their arrest, not being exposed to sexual harassment, and a fair bail.

The Fourth Amendment protects people, including underaged children, from incriminating themselves. You should explain to your child that they should not talk to the police without a lawyer present because anything they say could be held against them in court.

The Fourth Amendment also protects your child from unlawful search and seizure. This means that the police cannot search your child’s vehicle or their person without probable cause or warrant.

Under the Fifth Amendment, your child has the opportunity not to answer any questions that could lead to their prosecution. If any constitutional protection rights are infringed, your attorney can use these to challenge the prosecution’s case.

Learning about these constitutional protections will help you and your lawyer ensure your child is not violated during the case.

You Should Learn About the Different DUI Laws that Could Apply to Your Child

In California, several DUI laws could be used to apprehend your underage child, depending on the circumstances of their case. Knowledge of these laws is essential, especially when implementing a proper defense strategy. These laws include the following:

  • The “Zero Tolerance” Law

Also known as California’s Vehicle Code 23136, the Zero Tolerance Law prohibits drivers under 21 from operating vehicles with a blood alcohol concentration (BAC) of 0.01 percent or more.

This is because even the slightest presence of alcohol in the body system of an underage driver could attract severe consequences. This law seeks to discourage youthful drivers from drinking alcohol or taking drugs and driving.

Violating this law is not a criminal offense but rather an infraction. Therefore, even though your criminal record will not be stained, your child will still face severe consequences if found guilty. A guilty plea can result in suspending your child’s driver’s license by the Department of Motor Vehicles (DMV) for one year. Furthermore, if it is your child’s first DUI offense, they may have to attend an alcohol education class for the DMV to grant them their driver's license back.

Because the Zero Tolerance law only brings administrative sanctions, not criminal charges, the legal defense of your child’s case can be based on the unreliability of the BAC results or the law enforcement officers’ violation of the right to a lawful traffic stop. In some cases, the case may be thrown out of court if it is proved that the officer who conducted the stop had no probable cause.

The measurement of Blood Alcohol Concentration is done as follows:

BAC, or Blood Alcohol Concentration, is determined by a breathalyzer or blood test. Breathalyzers are usually used during traffic stops to determine the level of Blood Alcohol Concentration of drivers. Traffic police mainly use this test in reference to California’s Zero Tolerance Law.

However, if drugs are suspected or if the results of the breath test are disputed, your child could be asked to undergo some blood tests to determine if they are intoxicated. Under Vehicle Code 23612, these two tests are mandatory for minors per the implied consent law in California; hence, the consequence for refusing to undertake the tests is a one-year license suspension and other punitive measures.

  • Vehicle Code 23140

California Vehicle Code 23140, which is also known as underage driving under the influence law, deals with drivers below 21 years of age who are caught drinking and driving with a BAC of 0.05% and above.

It is different from the zero tolerance law since your child violates this law if they have a BAC of 0.05% rather than 0.01%. Also, if your child violates this law, the guilty verdict will appear in their criminal record. VC 23140 is considered a misdemeanor offense and, therefore, much more severe than an infraction.

If your child is found guilty, they could be sentenced to pay fines, attend a mandatory DUI education program, and their license could be suspended for up to one year. Your child could also miss out on job opportunities and education scholarships due to the permanent record of this crime’s guilty verdict in your child's criminal record.

Your lawyer could defend you by arguing that the BAC test was administered incorrectly, your child’s traffic stop was unlawful, or that the officer did not conduct the arrest correctly.

  • Vehicle Code 23152

California Vehicle Code 23152 is the common DUI law that regulates every driver regardless of their age. Under this law, it is illegal for you to operate a motor vehicle with a BAC level of 0.08% or more. Although it is aimed at adult drivers, it can also extend to your child if they meet or exceed this BAC level.

When defending your child against VC 23152, your attorney will base their argument on the illegal traffic stop, the reliability of the BAC testing methods, and whether the traffic police handling your child followed the law while conducting the arrest.

  • Vehicle Code 23152 (a)

Vehicle Code 23152 (a) makes it a crime to drive while under the influence of alcohol or drugs, regardless of the BAC level. This statute looks at your child’s ability to drive, so even if the BAC levels are below the legal limit, if your child seems unable to drive well, they could be arrested and charged for violating VC 23152 (a).

  • Vehicle Code 23152 (b)

An underage driver can also be charged for violating California Vehicle Code 23152 (b) if their BAC level is excessive (a BAC level above 0.08%). This law is among the DUI laws that apply to all drivers regardless of their age.

The primary distinguishing factor about this charge is that it relates to the concentration of alcohol in your child’s blood, unlike Vehicle Code 23152 (a), which relates to the ability of your child to drive despite the BAC.

In underage DUI cases, BAC evidence forms a significant part of the base through which the prosecution seeks to prosecute the defendants. Nevertheless, BAC tests can be contested for either inaccuracies or procedural irregularities. For example, if the test was given incorrectly or the machine had not been serviced or calibrated, the evidence could be rendered inadmissible, thus weakening the case against your child.

You Should Learn About Elements that A Prosecutor Must Prove

In any DUI case, the prosecution must prove certain elements beyond a reasonable doubt to secure a conviction. These elements are essential to determining what the underage DUI case might look like in court for your child. These elements include the following:

  • Your child was operating a vehicle. The prosecution must prove that your child was the person driving the car at the time of their arrest. If there is no proof that your child was driving the vehicle, for example, if they were sitting in the co-driver seat or the car was in a stationary position at the time of the arrest, it could weaken the prosecution’s case against them.
  • Your child had a prohibited BAC. The prosecution needs to prove that your child’s BAC was 0.01% or more (under Zero Tolerance Law), 0.05% or more (under Vehicle Code 23140), or 0.08% or more (under the regular DUI law) to secure a conviction. The results for the BAC have to be derived from an approved breathalyzer test or blood test.
  • Your child’s arrest was lawful. The arresting officer had to have probable cause to stop your child and administer a DUI investigation. However, if the traffic police officer did not follow the correct DUI investigation procedure or did not have any reason to pull your child over, your lawyer could use this as a defense to have your child’s case dismissed.

Your defense attorney will analyze all the elements presented by the prosecution and identify any loopholes that might help them argue and build solid defenses to help convince the judge to dismiss your child’s case.

You Should Understand the Legal Consequences of the Various DUI Laws

Punishment for juvenile DUI cases in California depends on the law that your child has been accused of violating. The key penalties associated with the different DUI violations include the following:

  • Consequences for Breach of Vehicle Code 23136 (Zero Tolerance Law)

Under Zero Tolerance Law, an offense is committed if your child is under 21 years old and has a BAC of 0.01 percent or above; the offense is charged as an infraction rather than a misdemeanor. If your child is found guilty, they could have their driver’s license revoked for up to 1 year by the DMV.

  • Consequences for Violation of Vehicle Code 23140 (BAC of 0.05% and Above)

Any BAC recorded from an underage driver is considered a misdemeanor when it is 0.05 percent and above under Vehicle Code 23140. If your child is convicted, they could be sentenced to pay up to $100, be told to attend mandatory DUI education programs, and have their driver’s license suspended for up to one year.

  • Penalties for Violating Vehicle Code 23152

If your child’s BAC is 0.08% or higher, they can be charged under Vehicle Code 23152. If found guilty, your child could be sentenced to pay fines ranging from $390 to $1000, informal probation of 3 or five years, suspension of their driver’s license for up to one year, and attend DUI education programs.

You Should Understand the Legal Defenses that Your Lawyer CouLD Employ to Challenge Your Child’s DUI Charge

In an underage DUI case, you should look at all the available defenses that can help your child avoid the harshest penalties of the law. Although drivers under 21 are usually charged with tougher DUI laws, for example, the Zero Tolerance Law of California, there are several ways through which your proficient attorney can defend your child. Some of the most commonly employed defenses include the following:

  • Lack of Probable Cause for the Stop

Your lawyer could argue that there was no probable cause for the stop if the traffic officer did not have a legal basis for pulling your child over (for example, no traffic offense or reckless driving). Any evidence gathered by the law enforcers, including BAC, will be dismissed by the judge.

  • Improper Administration of Sobriety Tests

Alcohol field sobriety or BAC tests must be conducted in a certain manner. Therefore, if this were not the case, your lawyer could challenge the prosecution's case by raising issues on the credibility of the tests, such as improper calibration of breathalyzers or that the traffic officers mishandled the blood samples, making the results gathered obsolete. This could lead to the dismissal of your child’s case, as valuable evidence such as BAC level will be inadmissible.

  • No Evidence of Impairment

If your child does not exhibit any signs of being under the influence, and if they passed the sobriety test or were driving normally, the prosecution may find it difficult to prove beyond a reasonable doubt that your child was under the influence with a positive BAC.

  • Violation of Constitutional Rights

Misconduct during investigations by the traffic officers, not reading the Miranda rights to your child, or making your child produce statements involuntarily could lead to the dismissal of any evidence gathered.

  • Mistaken Identity or Lack of Vehicle Control

This defense can be used if your child was not the one driving the car or was not the one in charge of the vehicle at the time of the arrest on suspicion of DUI. Your child cannot be arrested for DUI if they were not the ones operating the vehicle; therefore, they cannot be charged under DUI laws.

Find a Competent Underage DUI Defense Lawyer Near Me

When your child is arrested for a DUI, it means a lot is at risk. Apart from the penalties for violating DUI laws, your child could face other challenges in the future if convicted of a DUI; for example, your child could lose a job opportunity, have their education compromised, and experience high insurance costs if their DUI crime conviction is put in their criminal record. Hence, representing your child by yourself can be very complicated.

DUI charges mean that as a parent, you need to act fast, know your child’s rights, and hire a DUI defense lawyer who has experience handling cases of underage DUIs. An experienced attorney will consider all the possible defense mechanisms, ensure your child’s rights are observed, and ensure that the charges have minimal impact on your child.

If your underage child is arrested for violating a DUI law in Bakersfield, contact the Koenig Law Office. We represent minors charged with DUI offenses. Contact us today at 661-793-7222 to schedule a consultation.