December 28, 2009 • Jerod Gunsberg, Los Angeles Criminal Defense Lawyer
If you or your child are under 18 and charged with a DUI in Los Angeles County or anywhere in California, it is important you know the DUI rules. Contact The Law Offices of Jerod Gunsberg for a free consultation about you or your child’s juvenile DUI case.
DMV Proceeding and Court Proceeding
As in adult DUI cases, there are two separate proceedings. Your child will be subject to a license suspension through a DMV Administrative Hearing and will also be subject to penalties from the juvenile court.
Juvenile DUI License Suspension
Under California Law, a driver under 21 who has a blood-alcohol concentration (“BAC”) of .01% or greater is subject to a one-year license suspension. The police take your license at the time of your offense and give you a paper temporary license. This penalty is imposed by the DMV and can be challenged at a DMV hearing. The DMV must be notified within 10 days of the offense or your right to a hearing is forfeited.
Juvenile DUI Misdemeanor
Additionally, if the BAC is alleged to be greater than .08%, a juvenile will be charged with a misdemeanor DUI or possibly a “wet reckless”. This will include the standard DUI penalties such as a license suspension, mandatory drunk driving classes, and other probation conditions the juvenile court deems appropriate.
Juvenile DUI Infraction .05% BAC
If the BAC is alleged to be over .05%, but under .08, the juvenile will be charged with an infraction (like a traffic ticket). If you or your child are under 18, this will be dealt with in juvenile traffic court. However, your license is still subject to the one year suspension by the DMV.
Remember, these penalties are in addition to the one year license suspension by the DMV.
Minors MUST submit to the Preliminary Alcohol Screening Breathalyzer (“PAS”)
Unlike adults, who are only required to submit to the a blood alcohol chemical test either at the police station or a hospital, a juvenile must submit to the breath test given at the scene by the police (called a “Preliminary Alcohol Screening”. However, like adults, juveniles are NOT required to submit to the “Field Sobriety Tests” (“Walk and Turn”, Nystagmus, standing on one leg, etc).
It is important to speak with a qualified juvenile criminal defense attorney regarding juvenile DUI charges against you or your child. If you have a juvenile case in Los Angeles County, contact Jerod Gunsberg at The Law Offices of Jerod Gunsberg for a free consultation. Call 310-210-0744.