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Juvenile Charges / Under 21 DUI Charges

Typical charges for a person under the age of 21 and arrested for driving under the influence include those listed under the page for "Adult Charges", but also include:

1. VC §23140 - driving under the influence of alcohol with a .05 blood alcohol level or higher, while the person was under 21;
   
   
2. VC §23136 - a person under 21 found to have .01 percent or greater of alcohol in their system will lose their driver's license from one to three years.  This section also requires the person to submit to a chemical test if lawfully detained, whether it be the breath test on the scene or a chemical test at the station ("Implied Consent Law").

Prosecutors have several tools used to enhance the possible sentence against the defendant.  Some of the more common enhancements include:

• having a blood alcohol level of .15 or higher
  
• refusing to provide a blood or breath sample as required by "Implied Consent"
  
• reckless driving while under the influence
  
• multiple victims in the course of an accident
  
• gross negligence versus without gross negligence
  
• prior convictions on your driving or criminal record
  
• prior driving history

Do not talk to police.  Do not provide statements, even if you think they are statements which declare your innocence – they will only be twisted and used against you.  First, consult with a lawyer.  Do not handle these cases on your own. 

Do not consent to a search of your person/residence/vehicle.  Demand a search warrant.

Ask for your lawyer.  These are your constitutional rights – exercise them!

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