Why Fight Under 21 Alcohol Arrest?: Most under age 21 alcohol arrests are for .01 blood alcohol concentration or greater. In most of these arrests, the officer relies on an antiquated breath machine that uses fuel cell technology. There are many factors that can affect the accuracy of the result from a fuel cell device. It is essential that you have an expert DUI defense lawyer who has expertise with these breath machines defend you.
Attorney Manuel J. Barba is an expert in breath testing and has extensive knowledge regarding fuel cell devices, as well as blood analysis.
If you don’t defend yourself in an under age 21 DUI arrest, your license will be suspended for 1 year for certain by the Department of Motor Vehicles (DMV). If you do defend yourself, make sure you have an expert DUI defense attorney on your side.
Attorney Manuel J. Barba has defended many under age 21 DUI matters with successful results for our client.
Under Age 21 Who Drives With 0.01 Percent Blood-Alcohol Level
It is unlawful for a person under the age of 21 years to drive a vehicle while that person has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test of the blood, breath, or urine conducted pursuant to Vehicle Code Section 23612 if a preliminary alcohol screening test device is not immediately available.
The under age 21 driver will be deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test if lawfully detained. The testing must be incidental to the lawful detention and administered at the direction of a peace officer having reasonable cause to believe that the under age 21 driver was driving a motor vehicle while having a 0.01 percent blood-alcohol concentration.
The officer is required to request that the defendant take the preliminary alcohol screening test or other chemical test and to advise the under age 21 driver that a failure to submit to or complete the test as requested will result in automatic license suspension for one to three years.
The under age 21 driver is subject to automatic license suspension or revocation if a preliminary alcohol screening test measured the defendant’s blood-alcohol level to be above 0.01 percent or if the under age 21 driver refused or failed to complete such a test.
California Under Age 21 Who Drives With 0.05 Percent Blood – Alcohol Level
It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. Punishment for this offense is greater than the punishment for a person under the age of 21 who has only a 0.01 percent blood-alcohol concentration.In addition to being subject to criminal penalties for the violation, the defendant is also subject to automatic license suspension or revocation if a preliminary alcohol screening test measured the defendant’s blood-alcohol level to be above 0.01 percent or if the defendant refused or failed to complete such a test.
California Under Age 21 Who Drives With 0.08 Percent Blood – Alcohol Level
If the blood-alcohol level is 0.08 percent or greater, the under age 21 driver can be charged with a regular adult version DUI – Driving while under the influence of alcohol and or drugs, and/or driving while having a blood alcohol concentration of .08 percent or more. Vehicle Code Section 23152 or 23153.