After police arrest you for an underage DUI, it’s easy to lose hope.
After all, the police pulled you over and gave you a breath or blood test, which showed you were under the influence—so what’s the point of fighting it?
However, DUI cases are not that simple, and there may be several defenses that apply to your case.
At the Law Office of Mark Greany, our San Diego DUI defense attorney has decades of experience coming up with creative solutions to these challenging cases. Often, we can resolve a case without our client losing their license or having to endure a jury trial.
Elements of an Underage DUI in California
Unlike adults who can legally drive a car after having a drink or two, minors cannot have any amount of alcohol in their system while driving.
While it is not a criminal offense to drive if you have a blood-alcohol content of less than .05%, a violation of California’s zero-tolerance law will result in an automatic license suspension of at least a year.
The more serious underage DUI cases involve situations where your blood-alcohol content is .05% or more, especially if it is .08% or more.
In these cases, the government will bring criminal charges against you. Depending on your age, you could face serious consequences that may even include jail time.
To prove you guilty of an underage DUI, California prosecutors must meet the following elements:
- – You were under 21 years old at the time of the offense;
- – You were driving; and
- – Your blood-alcohol content was .05% or greater.
In most cases, the government uses chemical test results to prove you were under the influence of alcohol.
However, the law allows prosecutors to secure a conviction without test results if they can convince the judge or jury that you consumed alcohol and your blood-alcohol content was .05% or greater.
Defenses to California Underage DUIs
When police arrest you for an underage DUI, there are several defenses you may be able to rely on which may prevent the prosecution from proving its case against you. These defenses include the assertion that:
- – You were not driving at the time;
- – You were not under the influence of drugs or alcohol;
- – You were not underage;
- – There were errors in the blood or breath test;
- – Your breath sample was contaminated due to the presence of residual mouth alcohol;
- – Police officers conducted an illegal traffic stop; and
- – Police officers failed to advise you of your rights before asking you to submit to a chemical test.
Every case is unique, so it is essential to speak with a San Diego DUI defense attorney to determine which of the above defenses might apply in your case.
In addition, you may qualify for a San Diego DUI program. If you complete the program, the charges against you will be withdrawn.
Are You Facing an Underage DUI in California?
If police arrested you for a DUI offense, there is a lot on the line. A conviction not only jeopardizes your license but can also make it harder to get a job or get into school.
At the Law Office of Mark Greany, we understand what’s at stake in underage DUI cases. Therefore, we do everything we can to get our clients out from underneath the charge with as little impact on their lives as possible.
To learn more and schedule a free consultation with our San Diego DUI defense lawyer, call 858-531-6387. You can also reach us through our online contact form.
Mark Greany
Mark Greany has been practicing law since 1995 and is the founding partner of the Law Office of Mark Greany. You can learn more about Mark and his accomplishments by clicking here.
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