Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Pornography
    • Child Molestation
  • Traffic Offense Help
    • Traffic Offense Help
    • Reckless Driving
    • No-License Driving
    • Hit and Run Accident
  • More Practice Areas
    • White Collar Crime
      • Fraud Charges
    • Theft Defense
    • Drug Offenses
    • Violent Crime
      • Weapons Charges
      • The Three Strikes Law
    • Juvenile Crime
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

What to Know About an Under 21 DUI in California

August 7, 2019 Written by Jill Harness and Edited by Peter Liss Last Updated on January 5, 2023

 

San Diego underage DUI lawyer

When it comes to juvenile drunk driving laws, California has some of the strictest laws in the country. Minors can be arrested and charged with a California DUI if they have even the slightest trace of alcohol in their system. This is known as a Zero Tolerance policy and it is one of the most laws most frequently violated by minors. If you are a minor who has been charged with driving under the influence or the parent of a teen facing DUI charges, contact a San Diego underage DUI lawyer as soon as possible.

Underage Drivers and Traffic Stops

When you are under 21 and pulled over for suspicion of driving under the influence of alcohol, you have many of the same rights as adult drivers. This means you are not required to provide any information other than that regarding your identity, insurance information and age. You do not need to, and in most cases should not, tell the officer where you were, where you are going, what you have been doing before driving and if you have been drinking.

If a police officer believes you are intoxicated, he will likely ask you to submit to a field sobriety test. Because these are highly unreliable, they are not legally required and you should always refuse to take them. On the other hand, if you an underage driver who has been asked to take a preliminary alcohol screening (PAS), you must take these, despite the fact that adults are not legally required to do so. If the you refuse, you will face a mandatory driver’s license suspension. You are also required to take a chemical blood alcohol test if asked to do so, just like all drivers under the state’s implied consent law. This could be either a blood or breath test and the choice will be up to you. Failure to take either a blood or breath test so will also result in a mandatory driver’s license suspension.

Consequences for Minors who Receive a DUI

If your blood alcohol content (BAC) is .01% or higher, you will face underage drinking charges and you may lose your driving privileges for one year and your case will be sent to traffic court, where you could face hefty fines. If you are under 21 and charged with a DUI in California and your BAC is .05% or greater, then your case will be handled in the criminal court, where you could face serious fines, be forced to enroll in a DUI course and lose your license for one year. If your BAC was above 0.08%, then you may be charged with an adult DUI and you will face all the penalties that this serious crime entails.

You can also face enhanced penalties if you were driving at excessive speeds while under the influence, caused an accident due to negligent driving, have a minor under 18 in the car with you

As a minor, you can even lose your driver’s license for drinking and biking or for having an open alcoholic container in your vehicle. Whereas adults who receive a DUI can often obtain a restricted driver’s license, it is very difficult for minors to obtain these types of licenses unless they can show that they will face significant hardship due to the continued loss of their driver’s license.

A DUI conviction could hamper your chances of being accepted into the college or job of your choice as this offense can appear on your DMV or criminal record. It can also leave you ineligible for a number of scholarships and college grants. If you, or your juvenile child, has been accused of driving under the influence, contact a skilled underage DUI defense lawyer as soon as possible.

Fighting the Charges

The results from a PAS device are always worth fighting because the officer who arrested you will have to show that their device was working properly at the time you were arrested and that they had the qualification to administer such a test. If they cannot prove both of these things, then the evidence will not be admitted into court. This is quite different from the regular breathalyzer test, which is generally presumed to be valid. This is why it is so critical that anyone under the age of 21 always work with an experienced underage DUI lawyer.

Even if you took a breathalyzer, you can still fight the results as part of your criminal defense strategy as breath tests can be affected by such things as a fever, a low carb diet, using hand sanitizer, drinking kombacha or diet soda, or even diabetes. This is particularly true if your BAC was just over .01%, .05% or .08% as a small decrease in your BAC related to a factor such as these could result in your facing drastically reduced penalties.

It is worth noting that you can still get a DUI in San Diego if you drive under the influence of marijuana although there is no minimum amount which will trigger an arrest. A if you are over 18 and/or have a medical marijuana license, this is not a legal defense to driving under the influence of marijuana.

If you are ready to fight the charges by speaking with Peter M. Liss, please call (760) 643-4050 to schedule a free initial consultation.

Filed Under: San Diego Juvenile Crimes Lawyer, The CA Legal System, DUI Lawyers Vista Tagged With: drinking and driving while a minor, california dui laws, vista drunk driving lawyer, vista dui attorney, juvenile duis

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.