San Jose DUI Under 21 Attorney

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San Jose DUI Under 21 Attorney

Being arrested for driving under the influence (DUI) in San Jose, CA is always a big deal, and this doesn’t change if you’re under 21. When you’re under 21, you should have the world at your fingertips, and a criminal conviction can make life very difficult moving forward.

Fortunately, there are legal strategies you can use to fight these charges and mitigate the long-term consequences. 

For help with an underage DUI in San Jose, California, let our DUI attorneys help. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to schedule a free consultation with a San Jose DUI under 21 attorney, call us today at (408) 217-8818.

How Ahmed & Sukaram, DUI and Criminal Defense Attorneys Can Help If You’ve Been Arrested for an Under 21 DUI

How Ahmed & Sukaram, DUI and Criminal Defense Attorneys Can Help If You’ve Been Arrested for an Under 21 DUI

If you’re facing an underage DUI in San Jose, California, it’s critical to work with a criminal defense lawyer. Here’s how our attorneys can help:

  • We will investigate all aspects of the case to uncover evidence that will help us fight the charges against you. This usually includes witness testimony, chemical test results, and, in some cases, police bodycam footage.
  • If law enforcement violated your rights in any way, we will look into filing appropriate pre-trial motions. For example, if they pulled you over without cause, we can work to suppress all subsequent observations and evidence, meaning they can’t use it at trial. 
  • Our attorneys will do our best to get a reasonable plea deal from the prosecutor to mitigate your sentence and avoid going to trial.

Many people assume that being charged with a crime when you’re underage isn’t as serious, but this simply isn’t the case. If you need help with an underage DUI charge, contact Ahmed & Sukaram, DUI and Criminal Defense Lawyers to schedule a free consultation with a San Jose car accident attorney.

Overview of Under 21 DUI in California

California is strict on impaired driving, and the rules are particularly stringent for drivers under the age of 21. If you’re younger than the legal drinking age, it’s important to understand how these laws may apply to you.

The Zero Tolerance Law

California takes a zero-tolerance approach to underage drinking and driving, making it a civil offense for anyone under 21 to operate a vehicle with a blood alcohol content (BAC) of .01% or higher.

This restriction covers any detectable trace of alcohol – which means not only from drinks but also from products like cough syrup or other medicine that might contain alcohol levels sufficient to raise your BAC to .01%.

It doesn’t matter whether your ability to drive was affected – the mere presence of any measurable amount of alcohol in your bloodstream itself constitutes a violation.

Underage DUI

Under California Vehicle Code Section VC 23140, drivers under the age of 21 can be charged with an “underage DUI” if they have a BAC between .05% and .07%. Although this isn’t as serious as a standard DUI, it is still illegal. It is characterized as an infraction closer to the severity level of a parking ticket.

Standard Adult DUI Charges for Underage Drivers 

Despite being under 21, defendants are also be subject to the same DUI laws that apply to adults. If your driving is impaired due to alcohol or drugs, even with a BAC less than .08%, you could face charges for driving under the influence. Additionally. If you are underage but have a BAC of .08% or higher – even if your driving isn’t impaired – you are guilty of a per se DUI.

No matter what charge you’re facing, it should be taken seriously. 

What Are the Penalties For Under 21 DUI Convictions in San Jose, California?

Penalties for a DUI when you’re under the age of 21 can be quite severe in some cases. Here’s what you could be looking at based on different scenarios:

Zero Tolerance Laws

For violations of zero tolerance laws, you risk losing your driver’s license for one year.

Underage DUI

Similar to the zero tolerance policy, an infraction also results in a one-year suspension. You also face a $100 fine and required participation in an alcohol education program.

Standard Adult DUI

For a standard adult DUI, penalties escalate significantly. You may face driver’s license suspension and be placed on misdemeanor probation for 3 to 5 years and fines ranging from $390 to $1,000 in fines. Additionally, you will likely be required to attend an alcohol education program. You also face up to 6 months in jail.

Because of the seriousness of the penalties related to driving under the influence, it’s important to reach out to a criminal defense lawyer as soon as possible after your arrest. 

What Defenses Can Be Raised If I’m Arrested for an Under 21 DUI? 

If you’ve been arrested for an under 21 DUI in California, it’s essential to know there are defenses that can be raised on your behalf. Some of the most common include:

  • No Probable Cause for Stop: Arguing the officer lacked a legitimate reason to initiate the traffic stop, meaning all evidence, statements, and observations following the stop should be suppressed.
  • Inaccuracy of BAC Tests: This could include challenging the accuracy and administration method of BAC testing devices used.
  • Rising Blood Alcohol Argument: Suggesting that your BAC was actually below the legal limit while driving and only rose above it at the time of testing.
  • Medical Conditions: Citing medical conditions that may interfere with BAC test results or mimic signs of impairment.

The best way to determine what defense should be used in your case is to speak with a DUI defense lawyer right away.

Schedule a Free Case Evaluation With Our San Jose DUI Under 21 Attorney

Facing an underage DUI in California is no joke; the penalties are severe, and it can impact your life for many years to come – sometimes even forever. Let our criminal defense attorneys help you mount a legal defense and fight back. Contact Ahmed & Sukaram, DUI and Criminal Defense Attorneys to schedule a free consultation with a San Jose DUI under 21 attorney.

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