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UNDER 21 Year Old DUI

Posted by Nafiz M. Ahmed | Aug 04, 2016 | 0 Comments

If you are under 21 years old, you are not allowed to drive with any measurable amount of alcohol in your system.  If you drink and drive, but have less than a .08% blood alcohol concentration (B.A.C.), then you can be charged with violating California Vehicle Code section 23140.  Section 23140 prohibits an individual under 21 years old from having .05 percent or more, by weight, of alcohol in his or her blood from driving a motor vehicle. 

The punishment for a violation of Vehicle Code section 23140 is different than for a DUI, i.e., driving with a .08 percent or more, by weight, of alcohol in his or her blood.  A DUI wherein the driver has a .08% B.A.C. can be charged with a misdemeanor offense and face up to 6 months in the county jail for a first offense. Whereas, a driver who is under 21 years old and who has a .05% B.A.C. or lower can only be charged with an infraction.   

The infraction DUI offense is punishable by a fine of $100 under California Vehicle Code section 42001.25.  With penalties and assessments, the fine usually adds up to around $500.  Additionally, the under 21-year-old driver will be ordered by the court to attend a 12 hour DUI school, i.e., the education component of the DUI school.  The court's authority for this order is under California Vehicle Code section 23502.  Moreover, the driver will suffer a 1-year license suspension under Vehicle Code section 13202.5.  The driver will not be able to get his or her license back unless the driver has an SR-22, which is a supplemental insurance policy for high risk drivers, and the driver has completed the 12 hour DUI school.  (Cal. Veh. Code section 13352.6.) 

Even though the driver's license may be suspended for 1 year, it is possible for that driver to get a “critical need to drive” license.  The driver can request a critical need to drive license from either the court or the DMV.  The court can grant a critical need to drive license pursuant to Vehicle Code section 12513.  If the court denies the driver the critical need to drive license, the driver can still request the critical need to drive license from the DMV.  The DMV is authorized under Vehicle Code section 13353.8 to issue a critical need to drive license to the under 21-year-old driver. 

If you have been cited or arrested for an underage DUI, give us a call today.  We can possibly help you to avoid a conviction or a suspension of your license.  

About the Author

Nafiz M. Ahmed

Owner / Attorney / Managing Partner Nafiz M. Ahmed was born in Mills Memorial Hospital in San Mateo, California. He grew up in Burlingame and attended Burlingame High School. While at Burlingame High School, Nafiz competed on the junior varsity and varsity football team. He was also the varsity wrestling team captain. After graduating Burlingame High School, Nafiz enrolled at the University of California at Davis. While at U.C. Davis, Nafiz served as a justice on the U.C. Davis Supreme Court for two years. He authored the majority opinion for all of the court's decisions during that time period. Nafiz loved being a U.C. Davis Aggie. However, he graduated early from U.C. Davis in three years in order to go to law school sooner. At Santa Clara University School of Law, Nafiz competed in Honors Moot Court and discovered his true passion for constitutional and criminal law. Nowadays, when he is not representing clients charge with crimes like domestic violence, theft, or drug possession, Nafiz likes to unwind by working out at his local boxing gym and surfing on the weekend. When Nafiz isn't trying to be the world's best dad and husband, he is hanging out with his American Bulldog, Chihuahua, and friends watching the U.F.C. or the San Francisco 49ers. FIREARMS AUTHORITY National Rifle Association – Northern California Attorney (N.R.A. referral list) KGO News Talk 810 – Gill Gross – Interview regarding Firearms ADVANCED DUI TRAINING DWI Detection & Standardized Field Sobriety Testing – Student Course DWI Detection & Standardized Field Sobriety Testing – Instructor Course Advanced Roadside Detection Impairment & Enforcement PUBLISHED WORKS Witness Preparation and Examination for DUI Proceedings The Impact of 2009 Case Decisions on DUI Prosecution and Defense Expert Witnesses A Criminal Defense Lawyer's Perspective on Common Firearms Issues in California HONORS AND AWARDS Super Lawyers Rising Star, 2012 Super Lawyers Rising Star , 2013 Top Lawyers in California, 2013 The National Trial Lawyers – Top 100 Trial Lawyers, 2013 AVVO rated 10 out of 10 PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS California Attorneys for Criminal Justice California DUI Lawyers Association California Public Defenders Association San Mateo County Bar Association BAR ADMISSIONS California, 2005 U.S. District Court Northern District of California, 2006 U.S. Court of Appeals 9th Circuit EDUCATION Santa Clara University School of Law, Santa Clara, California J.D. University of California, Davis, California Major: Economics

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