California has a zero tolerance laws for drivers who are under 21 and drive with any alcohol in their system. Depending on your blood alcohol level, you could be charged under the following California statutes:
· CA Vehicle Code 23136: California’s Zero Tolerance Law (Civil Offense)
· CA Vehicle Code 23140: Under 21 with a BAC of 0.05% – 0.07% (Infraction)
· CA Vehicle Code 23152: Driving Under the Influence (Misdemeanor)
If you are under 21 years old, you must submit to a preliminary alcohol screening (PAS) test or other chemical test as required by a peace officer. The PAS test results can be used against you for DMV or infraction cases. Failure to submit to a PAS test will result in a minimum of one year suspension. However, in order for the prosecutor for a DUI, an evidentiary chemical test must have been given.
Even if you are under 21 years old, you are entitled to have a DMV hearing. You must contact DMV within 10 days in order to request a hearing to fight the suspension. Most DUI attorneys will schedule your DMV hearing for you.
Fresno District Attorneys are strict in prosecuting drivers under 21 driving that are charged with an under the influence of alcohol charge. Therefore, if you have recently been arrested for a DUI and are under 21, the single most important thing to do is contact a DUI attorney immediately. A DUI attorney will ensure that the officer had reasonable suspicion to pull you officer, the officer completed the police reports and DMV documents correctly, the field sobriety tests were administered properly, the breath machines were functioning properly, or any blood test administered was performed properly. These techniques will allow your DUI lawyer to have the DUI under 21 charge dropped or reduced.
Further, if you have a DMV suspension, an experienced DUI will help you apply for a restricted license without waiting for the 1 year suspension to elapse.
If you are under 21 and have been charged with an alcohol related offense, contact my office at (559) 447-1240 as soon as possible. At a free consultation, we can discuss your case and determine all your options for DMV and the court.