Driving under the influence is a serious crime, even for teenagers. Vehicle Code (VC) 23140 makes it illegal for someone aged below 21 years to drive while impaired by alcohol. That is particularly true even if your BAC (blood alcohol concentration) is below 0.08%. A VC 23136 charge is a serious offense that can attract life-altering consequences after conviction.
If you or a loved one is under arrest as a suspect in an underage DUI case, understanding what you can do to protect your best interests and increase your chances of securing a favorable outcome is paramount. Our attorneys at CCLG: Los Angeles Criminal Attorney, understand how the court and local prosecutors handle crimes involving driving under the influence, especially when teenagers are involved.
If you are under investigation or arrest as a suspect in a DUI case, our attorneys can aggressively challenge the allegations for the best possible outcome.
Understanding the Laws That Criminalize Driving Under the Influence as a Teenager
Generally speaking, we have two laws that are specifically designed for underage driving with alcohol or drugs in their system. Both of these statutes apply to teenagers who are under the age of twenty-one (21) years, and they include the following:
Vehicle Code 23136
VC 23136 makes it unlawful for anyone below twenty-one years of age to operate a vehicle with a BAC of 0.01 percent or above after drinking an alcoholic beverage. According to this statute, the prosecutor can secure a PC 23136 violation conviction against you even if he/she does not have evidence to prove your impairedness at the time of the arrest.
What matters under this statute is whether or not you had any detectable amount of alcohol in your system. It is worth noting that “alcoholic beverage” refers to alcohol from any source and not just alcoholic drinks. Aside from alcoholic beverages, other possible sources of alcohol could include the following:
- Topical mouth-numbing ointments
- Nighttime cold formulas and cough syrups, like Nyquil
- Homeopathic medicines
It is important to note that, if you are actually impaired or your BAC level is at 0.08% or greater, the prosecutor can secure a conviction against you for a VC 23136 violation and another DUI crime, depending on the facts of your unique case. While the prosecutor can charge you with more than one DUI crime, he/she can only secure a conviction against you for only one offense.
For example, the prosecutor could decide to secure a VC 23136 violation conviction against you, resulting in suspension of your DL for up to one (1) year. Having a seasoned attorney in your corner is key when you are under arrest or charged with any criminal offense, including a VC 23136 charge.
Vehicle Code 23140
Also referred to as the underage DUI law, VC 23140 makes it illegal for anyone aged twenty-one and below to operate a car with a BAC of 0.05 percent or higher. After an arrest for an alleged PC 23140, the police will confirm your BAC level at the police station using a chemical test. The chemical test could be either a DUI blood or breath test.
After your arrest for an alleged VC 23140 violation, you decline to take the chemical test. However, all motorists, regardless of their age, are required to consent to a chemical test after being lawfully arrested. Failure to do so will result in the DMV suspending your license for up to one (1) year, as mentioned in the previous paragraph.
While it is an infraction, a conviction under VC 23140 could also result in harsh consequences, including jail time. To secure a guilty verdict against you under this statute, the prosecution team must prove the following facts beyond a reasonable doubt:
- You were operating a car
- You had a BAC of 0.05 percent or higher
- You are under 21 years of age
If the prosecutor can prove these facts beyond a reasonable doubt, a conviction could result in the following penalties:
- A fine not exceeding $100
- Driver’s license suspension for not more than one year
- Enroll in a compulsory alcohol education program if you are at least eighteen years old
Vehicle Code 23152
Sometimes the prosecutor could file standard DUI charges against you under VC 23152 if your BAC level was 0.08 percent or higher during the time of your arrest. According to VC 23152, it is illegal for anyone, regardless of age, to operate a car while he/she has drugs or alcohol in his/her system.
Even if you were not impaired, the prosecutor can secure a conviction against you under this statute if he/she can prove that your BAC level was at 0.08 percent or higher at the time of the arrest. Here are facts the prosecutor must prove at trial to secure a VC 23152 violation conviction against you:
- You were driving
- You were under the influence of alcohol
- Your BAC level during the time of arrest was at 0.08 percent or above
Some of the evidence the prosecutor will rely on to prove the above elements of the crime include the following:
- Eyewitness testimonies
- Circumstantial evidence
- The results of your BAC chemical and breathalyzer tests
- Field sobriety test (FSTs) results
- Arresting officers’ observations
When the prosecutor secures a DUI conviction against you under VC 23152, you should expect the following misdemeanor penalties:
- Three (3) to five (5) years of misdemeanor probation
- Suspension of your DL for up to one year
- Fine of between $390 and $1,000
- Attend an alcohol and drug education program for three or nine months
While it is rare, you could also face not more than six (6) months of jail time after a VC 23152 violation conviction. As you can see, even when you are underage, the court will not be lenient, and the penalties you will face after conviction under this standard DUI law are similar to those an adult would face.
If the prosecutor does not have sufficient evidence to secure a conviction against you for any of the offenses, he/she could also file the following adult charges against you:
- DUID (Driving under the influence of drugs)
- DUi causing injury
- Vehicular manslaughter while intoxicated under Penal Code 191.5
- Watson’s murder OR DUI murder under PC 187
The specific offense the prosecutor will file against you will depend on the facts and circumstances of your unique case, and the penalties are grave. For all these reasons, you should work to secure the services of an attorney as soon as possible if you are under arrest for a DUI-related offense.
A seasoned and aggressive DUI attorney can mean the difference between a conviction and securing a dismissal or lighter penalties on the case. If you have a friend or colleague who has had a DUI arrest, you can ask him/her to recommend a reliable criminal defense attorney for your unique case.
How The Police Measure Your BAC Level Before and After Arrest
Generally speaking, law enforcement officers take the zero-tolerance law seriously. If a police officer suspects that you are under the age of twenty-one and possibly intoxicated by alcohol, he/she will ask you to take a preliminary alcohol screening (PAS) test. A PAS test is the roadside test that the police usually conduct to determine if there are alcohol traces in the breath vapor using a gadget known as a breathalyzer.
If the breathalyzer detects any measurable amount of alcohol in your breath, the police will likely arrest you because that violates the zero-tolerance law. While the PAS test is optional, it is usually advisable to take it because failure to do so could complicate and worsen your case.
Additionally, the DMV (Department of Motor Vehicles) requires you to consent to a PAS test following an arrest if you are under 21. When you refuse to consent to the test, the DMV will automatically suspend your DL (driver’s license) for up to one (1) year. However, with the legal assistance of your attorney, you can secure a restricted hardship DL when the DMV suspends your DL due to a PAS test refusal.
Following an arrest, the police officer could also require you to take a chemical test, which is more accurate than the PAS test. The chemical test uses your urine or blood to determine your BAC level. When you refuse a PAS test, and your case reaches trial, the prosecutor can secure a conviction against you for chemical test refusal, resulting in enhanced penalties. That means you will face penalties for refusing the chemical BAC test and violating VC 23136.
The DMV Hearing After an Arrest for an Underage DUI Offense
After an arrest as a suspect in a DUI case, you will face both the criminal court judge and the administrative law judge at the DMV. Generally speaking, the DMV can suspend your driver’s license, regardless of what occurs in court or how your case turns out, unless you ask for a hearing within 10 days of the arrest and successfully challenge the automatic suspension.
While the hearing occurs before an administrative law judge (ALJ), retaining the services of a credible criminal defense attorney is vital. Like in the criminal court, the administrative hearing requires cross-examination of the arresting officers and preparation of legal arguments and evidence to help you secure a favorable outcome.
However, the standard of proof during this hearing is lower than the one you would expect in a criminal court. A seasoned attorney who understands the impact of losing a DL, especially if you need to drive to school, work, or medical appointments, will aggressively fight to help you secure a favorable outcome.
If everything works out in your favor at the DMV administrative hearing, your attorney can use the same evidence to strengthen your defenses to the underlying underage DUI charge. Fortunately, even when you lose your DMV hearing, all hopes are not lost because they allow you to request the following:
- A restricted “ hardship or critical use” DL unless your suspension is due to chemical test refusal
- Appeal the ALJ’s decision by filing a written request and paying the necessary fee of $120 within no more than ten days of receiving a notice of the ALJ’s decision
Once your license suspension period expires, you can have it reinstated by:
- Paying the DMV a $125 reissue fee
- Maintaining evidence of financial accountability for a period of three years
- Submitting a proof of financial responsibility (SR-22)
How a Skilled Attorney Can Help After an Arrest for an Underage DUI Charge
The services of an experienced criminal defense attorney will go a long way if you are under arrest or charged with an underage DUI offense. Here is how he/she can help and increase your odds of securing a desirable outcome on your charges:
He/she will be your Legal Counsel
Undoubtedly, legal cases are a complex issue, and any single mistake could affect the outcome of your case. That is why hiring an attorney for legal advice at every stage of the process is vital. Your attorney will advise you of your constitutional rights that you ought to protect as your case continues.
He/she Can Help Challenge the Admissibility of the Prosecutor’s Evidence Against You
Not all the evidence that the officers collect will apply against you. With the help of your attorney, you can challenge the admissibility of specific evidence the prosecutor has against you, including the arresting officer’s observations and FST results.
He/she Can Help You Apply for Bail
After an arrest, the arresting officer could hold you in jail until you post bail. That is where the services of an attorney become crucial. Your attorney can help you apply for bail and represent you in court if necessary to convince the court you are an excellent candidate for a release from jail on bail.
Additionally, a seasoned attorney will likely know a licensed bail bondsman who can offer you fast bail bond services to secure your freedom immediately, allowing you to move on with your life as your case proceeds.
He/she Can Help Cross-Examine Witnesses in Your Case
Witness testimonies play a critical role in a criminal case, and a seasoned DUI attorney understands this. Your attorney will challenge the credibility of the available witnesses, including the arresting police officer, to weaken the prosecutor’s case against you for the best possible outcome.
He/she Can Help Challenge the Accuracy of BAC Test Results
The prosecutor will rely on your BAC test results to prove to the court that you had alcohol in your system. As mentioned in the previous paragraph, for an underage DUI conviction under VC 23136, the prosecutor does not have to prove you displayed signs of intoxication or impairedness.
As long as the prosecutor can prove you had some traces of alcohol in your system and were driving, he/she could secure a conviction against you under VC 23136 (zero-tolerance law).
He/she Can Help You Question the Arresting Officer’s Probable Cause for the Arrest
Law enforcement officers do not stop any vehicle for a roadside DUI investigation without cause. Some of the suspicious behaviors that can lead to your arrest as a suspect in a DUI case after the stop include slurred speech and an alcohol odor in your breath.
If the arresting officer did not have probable cause to select your car to pull over for a DUI investigation, your attorney can question any evidence obtained after the stop.
Potential Legal Defenses to an Underage DUI Charge
An arrest as a suspect in an underage DUI case can be stressful, but all hopes are not lost. With the legal assistance of your attorney, you can prepare evidence and arguments to help you challenge the charges for the best possible outcome. Here are some of the defenses your attorney could use to challenge the DUI allegations you face to secure the best possible outcome:
You Were Not Driving
One of the legal defenses your attorney can use to challenge your underage DUI charges is that you were not driving. For example, your attorney can argue that the car you were seated in during the time of your arrest was parked and the engine was off to secure the best possible results.
Your BAC Was Not Above the Legal Threshold
Depending on the specific DUI charges you are facing, the prosecutor must prove that you had traces or a certain percentage of alcohol in your system to secure a conviction against you. For example, when the prosecutor files VC 23140 charges against you, your attorney can challenge the charges by arguing that your BAC level at the time of the arrest was not at or above 0.05% to secure a dismissal of the case or a lighter charge.
To discredit the BAC test results, your DUI attorney could also argue that the breathalyzer or other equipment used to measure your BAC level at the police station was faulty. If this legal defense argument works in your favor, the court will drop or reduce your charges.
You Had a Rising BAC
Rising BAC is a viable legal defense for a VC 23140 or VC 23152 charge (standard DUI). With this legal defense, your attorney argues that, while your BAC level was at or higher than the legal threshold, it was below that limit when you were driving. After having an alcoholic drink, your BAC level could continue rising for thirty minutes to two hours.
This legal defense argument works best if there was a huge time gap between when the officer asked you to pull over and when he/she conducted the BAC test.
Your Mouth Alcohol Affected the Accuracy of Your BAC Test
Before requesting you to blow the hand-held breathalyzer, a police officer must observe you keenly for at least fifteen (15) minutes to see if you will put anything that contains alcohol in your mouth, including mouthwash, drinks, and medicine, like cough syrups.
Your attorney can argue that either of these issues affected your BAC test accuracy, leading to false results. Therefore, with proper evidence, this legal defense argument could work to your advantage, leading to a desirable verdict.
The Police Officer Lacked Probable Cause for Your Arrest
According to the Fourth Amendment of the Constitution, the police require a specific amount of justification before they can legally initiate a traffic stop or arrest someone. In the context of a drunk driving case, the police need reasonable suspicion to initiate a traffic stop and probable cause to arrest you.
If the officer asked you to pull over because of your skin color or because you were driving at night, your attorney can argue that he/she lacked probable cause for your arrest. When this legal defense works to your advantage, the judge will reduce or dismiss your underage DUI charge.
The Police Officer or Lab Officer Performing the Chemical Test Did Not Follow the Correct Procedure
Title 17 of the Code of Regulations outlines various rules that a police officer or the personnel in charge of the chemical BAC test must follow. If the officer did not comply with these rules, the court could consider your BAC test results inadmissible, meaning the prosecutor cannot apply them against you.In this case, the court could dismiss your DUI charges or reduce your sentence.
Having an aggressive and seasoned DUI attorney in your corner is key if you have an underage DUI charge. Crafting effective legal defenses for an underage DUI or standard DUI requires scrutiny of the evidence the prosecutor has against you. A seasoned attorney understands that most prosecutors’ cases appear stronger on paper than they actually are when thoroughly analyzed.
By identifying flaws in the evidence-gathering and analysis process, a reliable DUI attorney can craft effective strategies and legal defenses that protect your legal rights and freedom.
Find a Licensed DUI Attorney Near Me
An attorney’s intervention is vital when you are under arrest or charged with an underage DUI offense or any other DUI-related crime. We invite you to call our credible attorneys at CCLG: Los Angeles Criminal Attorney at 323-922-3418 if you or your teenage son or nephew needs aggressive legal representation on a DUI-related charge.
We will dedicate ample time to the case to prepare the strongest legal defense arguments that can convince the court to dismiss or reduce the underage DUI charge.
