Albany Underage DUI Defense
Underage Drinking and Driving Charges in Albany
Driving under influence is a criminal offense in Albany and across the state of California. Underage drinking and driving is an offense regardless of the blood alcohol concentration. Anyone below the age of twenty one cannot drink and drive as per the law. Underage DUI offense can have serious consequences for a teenager or young adult. Hence, it is imperative to seek the expert advice of an experienced DUI lawyer in Albany.
Underage DUI is a Criminal Offense in Albany, CA
DUI laws are strict in most states. The law in California is one of the strictest with some of the harshest punishments, including jail term. California has what is known as zero tolerance policy for underage drinking and driving. The policy clearly states that anyone below the age of twenty one cannot drink and drive. There is an exception in cases of adults, those aged above twenty one, wherein the blood alcohol concentration should be below 0.08%. Teenagers and adolescents do not have this leeway.
No trace of alcohol should be found in the blood of anyone aged less than twenty one if they are at the wheel. If alcohol is found through a breathalyzer or a blood test, then the underage driver is immediately charged with misdemeanor. The level of blood alcohol concentration will then be taken into account and the crime can be a criminal offense if the percentage is substantially higher. Teenagers are deemed to be at greater risk of causing or getting involved in accidents, hurting themselves and others in the process, also damaging property. The zero tolerance policy is in place to discourage underage driving and drinking.
Underage DUI is a Serious Crime in Albany
There are states that have more lenient law pertaining to underage DUI. California is not one of them. The state makes it amply clear that teenagers cannot drink and drive. Even if the blood alcohol concentration is nominal and nearly negligible, the law enforcement and the prosecution can still charge an underage driver with driving under influence owing to the zero tolerance policy.
California Vehicle Code 23136 stipulates that driving with even a minute detectable amount of alcohol in the blood, which is usually 0.01% and above, can lead to severe penalties. However, there are instances of false arrests, circumstantial evidence and limited proof to establish the case as presented by the prosecution. Teenagers and their families cannot counter the arguments of the prosecution. Only a trained and seasoned DUI lawyer in Albany can foil the charges presented in a court.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Albany
Types Of DUI Charges:
Consequences Of A DUI:
Zero Tolerance Policy for Underage DUI Offenses in Albany, California
The zero tolerance policy exists to discourage youngsters from drinking and driving. There was an alarming rise in underage driving under the influence offenses in the recent past and the legislators responded to the problem with a law. Presently, underage drivers are immediately arrested if any amount of alcohol is found in their system. Charges are filed and the case is forwarded to prosecution that will take it up in court. Seeking legal counsel should always be the first response of anyone charged with underage DUI in Albany.
Averting a Criminal Record for Underage DUI in Albany
A teenager having a criminal record on their file is one of the least pleasant realities. An underage DUI conviction will lead to a permanent record. It will also be the first offense. California has a severe three strikes law that harshly punishes repeat offenders. It is necessary for anyone charged with underage DUI in Albany to successfully counter the charges presented by the prosecution and to win the case to be proven not guilty in a court of law. Only this can avert a criminal record for underage DUI in Albany.
Adverse Consequences of Teen DUI Charges in Albany
There are two charges immediately filed against a teenager or young adult for underage driving under influence. These two charges are underage drinking and driving under influence. Adults older than twenty one years of age get charged with driving under influence and not underage drinking. Since there are two charges, teenagers are subjected to harsher sentencing. There are severe penalties including license suspension for a year or longer, community service, fines worth thousands of dollars and a criminal record. There may be additional charges, such as causing injury or damage to property. These will warrant additional fines. It is possible the license suspension is permanent. There may be a jail term if the injury is severe, if anyone is killed and if the property damage is catastrophic.
Appoint an Expert DUI Lawyer in Albany
It is necessary to appoint DUI lawyers in Albany who have a proven track record of winning underage driving under influence cases. There is considerable difference between cases of adults being charged for driving under influence and teenagers being charged with drinking and driving as well as underage drinking.
Albany DUI Defense Attorney