California has a Zero Tolerance Policy when it comes to underage DUI; and they also have some of the harshest penalties. This Zero Tolerance Policy states that any driver under the age of 21 (legal drinking age) with a Blood Alcohol Concentration of .01% or more will be charged with Underage DUI. If their BAC is at least .05% or higher, they may also be charged with a regular DUI and could be arrested.

For most people, drinking only one alcoholic drink (beer, shot or cocktail) will give them a BAC of .01% or higher. For some people, this ‘small’ amount of alcohol could put them close to .05%. There are no compulsory penalties for drivers who are under the age of 18. That changes if the driver is at least 18 and his BAC is .05% or higher.

Underage DUI Penalties

The first penalty for an underage DUI will be the loss of his driver’s license for at least one year. That suspension could be extended for multiple years if there are subsequent violations.

Under some conditions, the judge may seize the minor’s vehicle and even sell it at the expense of the owner. In addition to the license suspension and possible impounding of the vehicle, the underage driver charged with DUI will face fines and fees of at least $1,000. The judge may also include special driving safety classes or substance abuse treatment in the sentence.

If the underage driver refuses to submit to chemical testing, he will automatically lose his license for one year. If there is a second refusal within a ten year period, the penalties increase in severity, especially at the DMV.

As with a regular DUI, those charged with an underage DUI must face two separate hearings: the criminal court and the DMV. The criminal court will impose the fines, jail, treatment programs and driver classes. The DMV handles the suspension of the driver’s license. Both of these hearings need to have the proper paperwork filed within deadlines and court procedures followed. This is where an experienced DUI attorney could provide invaluable judgment and advice.

Other Unforeseen Consequences after an underage California DUI Conviction

Individuals who have an underage DUI conviction on their record must report it on any college applications, financial aid applications, and/or career applications. This could affect whether they gain acceptance into the University; and in some situations, the school could accept them under certain conditions that other students without a conviction are not subject to.

If you choose to not list the conviction on your applications and it is discovered later, you are subject to immediate discharge from the University and/or your job and you could be prosecuted for perjury.

Other Underage DUI Situations

* An underage driver who has been drinking and causes injury to another person could be put in prison for up to one year for each injured person.

* Any underage person who buys, tries to buy or drinks an alcoholic beverage must pay a $250 fine and perform at least 24 hours of community service. They could also have their license suspended for one year.

* A minor who possesses alcohol in public will receive a $1,000 fine and/or up to six months in jail. They will also have their license suspended for one year.

As you can see, California takes underage drinking and driving very seriously. If you find yourself charged with underage DUI, contact an experienced DUI attorney to help you minimize the penalties and effects it could have on your future.

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States have implemented implied consent laws which require drivers to submit to chemical tests if they are arrested for driving under the influence (DUI) of alcohol or drugs. The California implied consent law specifically states:

“Any person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purposes of determining the alcoholic content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of [the California DUI laws].”

Unfortunately, many drivers are not aware that they do not have to submit to the chemical test until after they are arrested for DUI. So what if the officer asks you to take a preliminary alcohol screening or PAS test? The officer should notify you that this DUI test is optional. You may refuse to submit to this test, but if you do, remember the officer may arrest you for DUI and a refusal of additional chemical testing may have very severe consequences.

For instance, if you are arrested for a California DUI and you refuse a chemical test, not only will you be charged with DUI, you will also have the DUI penalties enhanced which could mean additional fines, probation, jail time, etc.

I refused the DUI Chemical Test, what next?

If you have been arrested for DUI you will have an administrative hearing held by the California Department of Motor Vehicles. This hearing must be requested within 10 days from the date or your DUI arrest and will allow you to challenge your administrative license suspension.

1. Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of 23140, 23152 or 23153?
2. Were you lawfully arrested for DUI?
3. Were you driving a motor vehicle with a BAC of .08% or more by weight of alcohol in your blood?

If you refused to submit to the chemical test the additional issues will be considered at your DMV hearing:

1. Were you properly advised that your California license would be suspended for one year or revoked for two or three years if you refused to submit to or failed to complete a chemical test?
2. Did you willfully refuse to submit to or fail to complete a chemical test after the officer asked you to do so?

What happens if you are not successful at the DMV Hearing? You may have your license suspended for 1 year if this is your first California DUI offense, 2 years if this is your second DUI conviction within 10 years and 3 years if this is your third DUI offense within 10 years.

Positive Results of Refusing a Chemical Test

Assuming your refuse the chemical test (and the officer does not force you to take one) it may have a positive impact on your DUI case. If the District Attorney does not have enough corroborating evidence to prove you were DUI, the charges may have to be dismissed.

What happens if the California D.A. pursues a DUI case against you? You must either plead guilty or no contest to the DUI in which case the refusal enhancements will apply or you can take your chances at trial.

If you go to trial and lose your DUI case you will face an additional 48 hours in a county jail for your first DUI offense and a minimum of 9 months in a California DUI education program. These enhancement penalties are in addition to the other DUI penalties assessed by the court.

Can the California Officer Force me to submit to a Chemical Test against my will after a DUI arrest?

Many California drivers are surprised to find out that a California police officer can force them to submit to a chemical test after a California DUI arrest if the DUI arrest was lawful, there is no unreasonable risk of infection or pain or the officer does not use “excessive force”.

Other conditions must also be met to make the DUI chemical testing lawful. First, the circumstances of the California DUI arrest must require prompt chemical testing, the officer must have evidence to suspect the driver is DUI and the test must be given in a “medically approved” manner.

Hiring a DUI lawyer

If you have refused a chemical test or you have been arrested for driving under the influence of alcohol in California and you are concerned your rights have been violated, contact a DUI lawyer.

If you are interested in contacting a DUI lawyer, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your DUI case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201.

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California, the largest state in the United States, also has the most DUI arrests every year. In 2008 and 2009, over 200,000 DUI arrests were made. So that gives us an average of 200,000 California DUI charges every year. The numbers can be high because of the population of California, but it’s clear that California law and California officers know how to find drunk drivers.

For Los Angeles drivers, it could lead to some substantial penalties. What is your best option for defense? That’s easy: hiring a Los Angeles DUI lawyer to represent you in court. Let’s find out why.

Educate You On Laws
You may have no idea of where to start. You drank some, got behind the wheel, an officer pulled you over for speeding, and then he or she smelled alcohol on your breath. You failed the sobriety test, and were charged with drinking and driving. That’s one common scenario: Los Angeles police officers have many other ways to pull you over. What a lawyer can do is explain what happens next – how you should answer questions, how you should plead, what you did wrong,and what the laws says the penalties are.

Save You Time and Money
The best assets a lawyer gives is saving you time and money. If you are completely unaware of California DUI laws, and want more than a refresher than some articles might give, an experienced Los Angeles DUI lawyer can explain how best to handle this case. In most instances, you save time in and out court – you need not worry about further mistakes.

Now, you may be thinking a Los Angeles DUI lawyer costs you money, does not save you any. True, no lawyer is free, and some charge higher than others. However, think beyond the monetary value – the fines given for a first time or multiple DUI offender. If you’re working, how much money would you lose by being in jail for weeks or months? Or consider the value you’d put in simply not going to jail; many times, you would put a number on there higher than the lawyer fee.

If the Arrest was Wrong
Another advantage of a Los Angeles DUI lawyer is to have the case thrown out. For one, officers do make mistakes. Sometimes they fail to correctly arrest you. In other cases, they fail to file the correct documentation, or do not appear in court. There are many ways an arrest can go wrong. If there were clear errors, the case can be thrown out.

Lower Penalties
In most Los Angeles DUI cases, charges are made. It’s not always possible to win. Usually the breathalyzer test seals the deal. However, at the least a strong defense can lessen the penalties. You can expect a high fine, license suspension for a year if not years, and some time in jail. If your lawyer provides an effective defense, all these penalties can be lowered. If you were drinking and were pulled over, even if you plead guilty does not mean you will get the full penalties.

Give You a Second Chance
Perhaps the biggest change laws give is to offer second chances. Even if you’re a multiple California DUI offender, you can still get a second chance. An experienced lawyer can help in getting that second chance. We all make mistakes, but without proper legal representation, sometimes the penalties can seem to ruin your life. An effective defense can lower penalties, if not eliminate them, and within some time you will be able to drive again.

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There are many common questions on California DUI laws, and this post will go over each question, each law, and what penalties you can expect.

California DUI – Your Arrest
You’ve been arrested, what next? The officer is required by law to forward a notice of suspension along with a report to the DMV. At this point, you can appeal to the DMV within 10 days stating how you thought the arrest was wrong. If approved, you get your license back. If not, you face charges of drinking and driving, and will be punished.

What are the penalties?
For first time offenses, you typically lose your license for six months, pays fines of about $1,500, face a mandatory 48 hour jail sentence, and appear in court. You also will have to take DUI classes. If this is not your first DUI, the penalties, as with all other states, get worse. You face longer license suspensions, higher fees, and longer jail sentences.

How do you get your license back?
At the end of your suspension, your license will be returned. You must also pay a fee of $125. If, however, you appeal and win, your license will be immediately returned to you. This is difficult without the right California DUI lawyer.

How can a lawyer help?
A lawyer is a necessary step in fighting for your rights and lessening penalties if not eliminating them. You can represent yourself in court, but it’s always wise to get professional counsel.

How much does a lawyer cost?
Fees vary, but lawyers are not free and this is a business. It will depend on the time required, but a good lawyer actually saves you time, money, and headaches, especially if you win an appeal. You have to consider how much you value your license, how much you want to avoid fines, and that you want to keep this off your record. And a lawyer is integral in getting your license back if you ever do lose it as part of a DUI or aggravated DUI.

What if you’re charged with a felony?
A felony charge can also be called an aggravated DUI, and this usually occurs for one of several reasons. You may have multiple DUI violations, you may have hit another driver or pedestrian while drinking and driving, or you may have been putting a minor in danger. If any of these occur, you get  a felony charge in some cases instead of a misdemeanor (you get a misdemeanor for a regular California DUI). Felony charges, as it sounds, can come with very severe penalties. This too makes it important to hire an experienced California DUI attorney.

How do you start over?
If you’re found guilty of a driving under the influence, lose your license, get fines, and have to serve jail time, it may seem like the end of the world. It’s not. If you can stay on track, and get the help of a lawyer, you can successfully get a second chance to be a driver. Just avoid ever drinking and driving again; the penalties get worse the more you do it.

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