DUI: Under 21 Years And Under .05%. Zero Tolerance
“Baby Deuce” When You Are .05% And Under 21 DUI Charges
A person under 21 can find themselves in trouble even if their blood alcohol is not .08%. If you are under 21 years of age and have a blood alcohol level of .05%, you can face what is commonly referred to as a “baby deuce.” There is nothing baby about it, however. It can come with some unintended consequences in San Diego and the state of California. I, attorney Mark Deniz, can help you with this charge. Vehicle Code 23140.
- ( a ) It is unlawful for a person under the age of 21 years who has .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 .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.
PAS Persons Under 21: Preliminary Alcohol Screening Device
Unlike a normal DUI, in a “baby deuce” case the preliminary alcohol screening (PAS) device can be the used as the primary chemical test. The PAS is the small hand-held breath device that officers use out in the field. Vehicle Code 23136.
- ( 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 .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 .01 percent or greater, as measured by a preliminary alcohol screening test or another 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 another 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 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 another 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.
California is very tough on young offenders. If you are under age 21 and have a B.A.C. of .01 the state considers you drunk. Because the rate of traffic and car accidents is higher for minors when there is alcohol involved, the state adopted a “zero tolerance” policy. Driving under the influence (DUI) with a B.A.C of under .08 for minors is considered an infraction instead of a felony or misdemeanor.
Penalties And Defenses For California Underage DUI
Penalties can vary depending on the specifics of your case, whether this is your first offense and the amount of alcohol involved. Typically the penalties include fines, loss of driving privileges, vehicle impoundment and in some cases a court-ordered treatment or education program.
Every case is different, but there are usually many legal options available for your defense. As a former prosecutor, I understand the angle the other side is going to use when presenting your case. I also know the best way to defend against weak evidence, law enforcement errors, equipment errors and inaccurate data. With over a decade of providing aggressive and proactive defense solutions for clients, I can help you.
Turn To The Experienced San Diego Underage DUI Defense Lawyer At The Law Offices of Mark Deniz APLC
Call 858-429-9982. If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
- A first offense will result in a 1-year suspension.
- A second offense within 10 years will result in a 2-year revocation.
- A third or subsequent offense within 10 years will result in a 3-year revocation.