Palm Spring DUI Lawyers - Law offices of Manuel Barba

Under 21 DUI

California Under Age 21 - Juvenile DUI - Driving Under the Influence

Criminal and Civil Liability for Juvenile Under Age 21 Who Drives With 0.05 Percent Blood-Alcohol Level
 
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. Punishment for this offense is greater than the punishment for a person under the age of 21 who has only a 0.01 percent blood-alcohol concentration.
 
The defendant may be found to have committed this violation if he or she 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 is made to determine his or her blood-alcohol concentration and if the trier of fact finds that the defendant 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.

In addition to being subject to criminal penalties for the violation, the defendant is also subject to automatic license suspension or revocation if a preliminary alcohol screening test measured the defendant's blood-alcohol level to be above 0.01 percent or if the defendant refused or failed to complete such a test. 

Criminal and Civil Liability for Juvenile Under Age 21 Who Drives With 0.01 Percent Blood-Alcohol Level
 
Notwithstanding Vehicle Code Sections 23152 and 23153, it is unlawful for a person under the age of 21 years to drive a vehicle while that person has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test of the blood, breath, or urine conducted pursuant to Vehicle Code Section 23612 if a preliminary alcohol screening test device is not immediately available. The person will be subject to criminal and greater civil penalties if his or her blood-alcohol level is 0.05 percent or greater, as discussed above. If the blood-alcohol level is 0.08 percent or greater, the violation under Vehicle Code Section 23136(a) is not a bar to prosecution under Vehicle Code Section 23152 or 23153 or under any other provision of law. The defendant may be found to have committed this violation if he or she was, at the time of driving, under the age of 21 years and the trier of fact finds that the defendant 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.
 
The defendant will be deemed to have given his or her consent to the preliminary alcohol screening test or other chemical test if lawfully detained. The testing must be incidental to the lawful detention and administered at the direction of a peace officer having reasonable cause to believe that the defendant was driving a motor vehicle while having a 0.01 percent blood-alcohol concentration. The officer is required to request that the defendant take the preliminary alcohol screening test or other chemical test and to advise the defendant that a failure to submit to or complete the test as requested will result in automatic license suspension for one to three years.
 
If the defendant refuses to take, or fails to complete, the preliminary alcohol screening test, or other chemical test if the preliminary alcohol screening test device is not immediately available, or if the defendant takes the test, and the test reveals a 0.01 percent blood-alcohol concentration or greater, the officer must serve the defendant with a notice of license suspension, take possession of the defendant's license, and issue a temporary license that is valid for 30 days.

Implied Consent

Any person, adult or juvenile, who drives a motor vehicle is deemed to have given his or her consent to one of the chemical tests that measure blood-alcohol level, and to chemical testing of his or her blood or urine to determine drug content of the blood. The tests available are those of the person's blood, breath, or urine.  However, a urine test for blood-alcohol level will be given only if blood and breath tests are unavailable. Hemophiliacs and persons with heart conditions who are using anticoagulant drugs under a doctor's direction are exempt from the blood test. This requirement is commonly referred to as ''the implied consent law.'' However, drivers will also be required to give their express consent to be tested; no person may be issued a new or renewed driver's license from the Department of Motor Vehicles unless that person has signed a declaration as a condition of licensure that he or she agrees to submit to a chemical test or tests of his or her blood, breath, or urine pursuant to Vehicle Code Section 23612, or a preliminary alcohol screening test pursuant to Vehicle Code Section 23136 if under age 21, when requested to do so by a peace officer.
 
A person under the age of 21 who is lawfully detained on reasonable cause to believe that the person is driving while under the influence of 0.01 percent blood-alcohol concentration or greater is deemed to have given his or her consent to a preliminary alcohol screening test, or other chemical test if the preliminary alcohol screening test device is not immediately available. Thus, it appears that if a preliminary alcohol screening test measures a concentration of 0.05 percent or greater, if the person is under the age of 21, or of 0.08 percent or greater, regardless of age, that the officer will have probable cause to require further chemical testing of the breath, blood, or urine. However, because an officer might suspect that a person under the age of 21 who appears to be under the influence might show such a measurement on a preliminary test, the officer is likely to proceed with the stop, from its inception, as a lawful arrest under Vehicle Code Section 23140, 23152, or 23153, give all the required admonitions for such an arrest, and proceed to give the preliminary alcohol screening test. If the defendant registers 0.05 or 0.08, as applicable, the officer may continue to proceed under Vehicle Code Section 23140, 23152, or 23153, and if the defendant registers below that level, but 0.01 or above, the officer may still proceed under Vehicle Code Section 23136 for license suspension.

Choice of Test
 
If the defendant is under 21 years of age and is lawfully detained for reasonable cause to believe that he or she is driving while having a 0.01 percent blood-alcohol concentration in violation of Vehicle Code Section 23136(a), he or she is required to undergo a preliminary alcohol screening test if one is immediately available. If such a test is not immediately available, the defendant will be required to undergo a blood, breath, or urine test, as discussed below. Even if a preliminary alcohol screening test is given, the defendant may still be required to submit to a formal blood, breath, or urine test.
 
If the defendant is suspected of driving while having a 0.05 percent blood-alcohol concentration, if under age 21, in violation of Vehicle Code Section 23140, or having a 0.08 percent blood-alcohol concentration, regardless of age, in violation of Vehicle Code Section 23152 or 23153, he or she must be informed that he or she has the right to choose a blood or breath test; if neither of those tests is available, the person may choose a urine test. If the person is suspected of driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the right to choose from among the blood, breath, and urine tests and must be informed of that right. If the officer has reasonable cause to believe that the person was driving under the influence of any drug or the combined influence of alcohol and any drug, and the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence, a blood or urine test may be required of a person who has chosen to submit to a breath test. If the person chooses a breath test, he or she must be advised before or after the test that the breath sample will not be retained and that he or she may choose to provide a blood or urine sample that will be retained. However, these rights are not of constitutional status. A test taken without giving the defendant the opportunity to choose another will not render the evidence obtained in the administered test inadmissible at trial. Nor will the failure to render the statutory advisements concerning the breath test give rise to an exclusionary remedy.  However, if the defendant has chosen to take the urine test and has provided a urine sample, he or she may not be forced to submit to a blood test in addition, and any blood drawn under these circumstances will be inadmissible at trial.
 
If one of the tests is not available or the person is not physically capable of completing one of the tests, he or she must be satisfied with choosing from among the remaining tests. Even if the test the person chooses is not available because of police negligence, he or she has the option to choose another available test or face the consequences and will not be entitled to dismissal of a drunk driving charge as a sanction. A breath sample taken with a malfunctioning device is not considered a completed test.
 
A person who is unconscious or otherwise unable to refuse consent to one of the blood-alcohol tests is deemed not to have withdrawn consent, and a test may be administered whether or not the person is told that his or her failure to submit to or complete a test will result in the suspension or revocation of his or her driver's license. If the test is not administered, the person's license may not be suspended or revoked. If administered, the results of the blood test of an unconscious person are admissible.
 
If the person chooses a breath test and is capable of completing the test, but instead fails to cooperate in taking the test, the officer may have the defendant's blood drawn in a medically approved manner as incident to a lawful arrest.