Underage DUI Charges-Modesto, CA

California doesn’t allow anyone under the age of 21 to have any alcohol in their system at the time of driving. That means that if you test at a .01% or higher, you can be arrested and charged with a misdemeanor.

Different charges that apply to underage drivers

If you are a driver under the age of 21, you are basically subject to 3 different crimes. If your blood alcohol test results in .08% or above, then you will be charged with the standard DUI (VC 23152). If you test at .05% you can be charged with VC 23140 and if you test at .01% or more, you can be charged with VC 23136 and lose your license for a year. The good news is that the DMV will not suspend your license for a year if they didn’t use the PAS test to collect your breath sample. Your license would be suspended for 4 months, like any other DUI. If the DMV does attempt to suspend the underage driver’s license for a year, then they will have to prove a few things to win their DMV case. The DMV will have to prove the PAS test was (1) in proper working order, (2) the test was properly administered and (3) the cop knew how to use it.

Hardship License-Modesto Lawyers California

Note: that if you are under 21 and your license is suspended for a year, you may be able to get a hardship license if you have a critical need to drive. See vehicle code section 13353.8.

Charged with Underage DUI in Modesto? Our Lawyers Can Help

There are a lot of different ways to defend an underage DUI and at the law office of Ben Roberts, we provide thorough representation to underage drivers. Contact the law office of Ben Roberts today for a free consultation.