You can get a DUI at any age. Often, it happens to those in their early 20s, specifically because they are now legally allowed to drink. They start going to bars, clubs and restaurants, and then they inevitably have to drive home.
In some ways, though, it’s actually easier for people to get a DUI charge when they are underage. This is due to the zero-tolerance laws used in California. Any amount of alcohol that shows up on a breath test could trigger DUI charges. It could be as low as 0.01%. As long as the underage driver fails the test, they can be arrested on DUI charges.
Could this lead to complications?
Yes. The spirit of the law acknowledges that underage drinking is already illegal. Someone who fails a breath test has theoretically broken the law by consuming alcohol, and then broken it again by getting behind the wheel.
But what if it wasn’t intentional? Since the BAC limit is set so low, the driver may not even feel the effects of the alcohol. For example, say that a young college student goes to a party and has a glass of what they believe to be non-alcoholic punch. Unbeknownst to them, someone spiked the punch. It has a very low alcohol concentration, so the student doesn’t feel impaired, and they never intended to drink alcohol at all. But if they get pulled over, they could still fail a breath test and face DUI charges simply because they’re under 21 and have any alcohol in their system.
Are you a teen or college student facing serious charges, or are you the parent of someone who is? If so, it’s important to know what legal defense options are available at this time.