Under 21

There are several different ways for a driver under 21 to be prosecuted in criminal court. They may be charged in the same way as someone over the age of 21. This means that in order to be convicted, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood.

If you read this carefully, you will see that there are two separate and distinct ways to be convicted here. First, you can be convicted if you are a sloppy driver because of having alcohol (or drugs) in your system; second, you can be convicted if you have a BAC of .08 or more, even if you were not a sloppy driver. This is the same for people over or under 21 years of age at the time of the offense.

For those under 21, though, there is an additional way to be punished. The California Vehicle Code also declares it to be a crime if a person under the age of 21 drives with .05%, or more, of alcohol in their blood. However, it is possible (according to the Vehicle Code) to be convicted of this regardless of whether a chemical test was taken.

If you or someone you care about is charged with a DUI, please contact a California DUI lawyer in your area for advice. Many DUI cases can be successfully defended. Before you even think about pleading guilty, talk to someone who knows about this area of law.