Getting a San Diego DUI and being Under 21 is not a good mix.
The prosecution tightens up with under 21 cases. For example, a .10% in many cases is a good candidate case for a reduction (like a wet reckless). In under 21 cases it is much difficult because the prosecution begins with the premise that they should not have been drinking at all.
I went through my under 21 cases with my associate yesterday, so I thought this would be a good subject to jump into.
I still do not get the under 21 DUI Laws. Someone can die for their country, take on debt, get married, but they cannot drink alcohol.
I am not sure what kind of wisdom sets in at 21. There is no doubt there is wisdom, but some more wisdom would be good when considering having children, who you marry, and what military branch you join.
Until then, San Diego DUIs are harsh against those that are under 21 years old.
If the individual has a measurable amount of alcohol in their system they can get their driver’s license suspended for a year (not the six months that most San Diego DUIs come with). The drivers MUST take the PAS or preliminary alcohol screening device to comply with laws. These devices should be avoided because they give notoriously erroneous numbers. They are just one part of the San Diego DUI Field sobriety tests. In certain instances, that is all the police will use, thereby making it difficult to determine the accurate blood alcohol level.
So many people under 21 work and go to school. So many of these people live at home or commute to school and do not live on campus. The loss of the car can drastically hinder their lives. San Diego DUIs come with so many unintended consequences that there is a need to fully examine the evidence. Call the Law Offices of Mark Deniz now at 858-751-4384 to get the ball rolling.
San Diego DUI laws are generally known: a person can’t drive under the influence of alcohol, and if the blood alcohol level is .08% or higher, this is a San Diego DUI. However, the age of the person does matter: minors (under 21 years of age) are treated differently than adults. If an adult was pulled over for a San Diego DUI, they can refuse the PAS test: the Preliminary Alcohol Screening test, the test given when pulled over which is different from the chemical test after being transported to the station. If the adult refuses to take the PAS, there are usually no legal consequences of this. This should not be confused with the chemical test at the police station, which will have legal repercussions if the adult refuses.
A minor, however, does not have that same luxury. If a minor is pulled over and is suspected of being under the influence of alcohol, they MUST take the PAS test or the officer will serve them with a notice of suspension of their license, and their license will be suspended. Additionally, if the minor DOES submit to a PAS test and has a blood alcohol level of .01% or higher, the same consequences will apply. Call the Law Offices of Mark Deniz now at 858-751-4384 to get the ball rolling.
What does that mean for me?
If you are a minor, you should definitely not drink and drive. Although generally, it is not illegal for someone to drink and drive (it is only illegal to drive while under the influence), it IS illegal for a minor to do so. If you are a minor and do drink and drive, you are not only risk harming yourself or someone else, but also risk losing your license. Call the Law Offices of Mark Deniz now at 858-751-4384 to get the ball rolling.
(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
(b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(c) (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUIcharges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]
23140. (a) 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. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. (c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803.Baby Dui