Ventura Underage DUI Lawyer

Defending Those Who Have Been Arrested For An Underage DUI in California

If you are under the age of 21, you may have been surprised to see that you can be charged with a DUI in California. While it may seem strange that someone who has not even reached the legal drinking age can be charged with a DUI, it is possible under the law. Depending on the circumstances of your case, you could be facing a misdemeanor or a felony charge. At the Law Office of Christopher P. Welch, we provide skilled legal representation to those facing such serious charges. If you or a loved one is facing underage DUI charges, it's essential to contact our Ventura underage DUI attorney as soon as possible.

Call the Law Office of Christopher P. Welch today at (805) 467-6542 or contact us online to schedule a consultation with our underage DUI attorney in Ventura.

Underage DUI Laws in California

In the state of California, the legal drinking age is 21, and there are very strict laws in place to deter underage drinking and driving. It is illegal for anyone under 21 to operate a motor vehicle with a blood alcohol concentration of 0.01% or higher.

Underage DUI laws also prohibit minors from driving with any measurable amount of alcohol in their system, with no need to prove impairment. This zero-tolerance approach means that even a single sip of alcohol can lead to an underage DUI charge.

What are the Penalties for an Underage DUI in California?

The punishments for an underage DUI conviction in California can have a lasting impact on your life. The severity of these consequences may differ depending on aspects such as prior convictions and the circumstances of your case. Here are some potential penalties for underage DUI:

• License Suspension: A first-time underage DUI conviction can result in a one-year license suspension. Subsequent convictions may lead to longer suspensions.
• Fines: Underage DUI offenders can face fines, which can be substantial, often reaching thousands of dollars.
• Probation: The court may impose probation, requiring you to comply with specific conditions such as attending DUI education programs or community service.
• Criminal Record: An underage DUI conviction can result in a criminal record, impacting your future employment, educational opportunities, and more.
• Increased Insurance Costs: Your auto insurance premiums are likely to increase significantly following a DUI conviction.
• Ignition Interlock Device: In some cases, the court may mandate the installation of an ignition interlock device on your vehicle, which measures your BAC before allowing you to start the vehicle.
• Potential Imprisonment: While rare for first-time offenders, subsequent underage DUI convictions can lead to jail time.

Expunging an Underage DUI Record in California

In California, having an underage DUI conviction on your record can have long-term consequences, including difficulties in obtaining employment, housing, and educational opportunities. Luckily, California legislation permits individuals to expunge their underage DUI records provided certain conditions are met, providing an opportunity to clean their criminal record and begin anew.

To be eligible for expunging an underage DUI record in California, several criteria must be met:

• Completion of Probation: You must have successfully completed probation, including any required alcohol education or treatment programs.
• No New Convictions: You must not have any new convictions or pending charges.
• Petition for Dismissal: You need to file a petition for dismissal with the court that handled your underage DUI case.

Once the petition is approved, the court will vacate the guilty verdict and dismiss the case. This action essentially changes the plea to "not guilty," enabling you to legally declare that you have not been convicted of the offense.

However, it is important to note that while expungement removes the conviction from public view, it does not completely erase the record. Law enforcement agencies, some employers, and certain licensing agencies may still be able to access the expunged record.

Expunging an underage DUI record in California offers an opportunity for individuals to clear their criminal record and regain their reputation. Consulting with an experienced Ventura DUI attorney can provide guidance and support throughout the expungement process, ensuring eligibility requirements are met and the petition is properly filed to increase the chances of a successful outcome.

Defenses Against Underage DUI Charges

Some common defenses against underage DUI charges may include:

• Lack of Probable Cause: If law enforcement lacked a valid reason to stop your vehicle or administer a breathalyzer test, we may be able to challenge the arrest.
• Improper Testing Procedures: We can scrutinize the procedures followed during the administration of chemical tests to identify any errors or inaccuracies.
• Rising Blood Alcohol Content (BAC): Your BAC can rise between the time of the traffic stop and the chemical test. We can investigate this potential defense.
• Medical Conditions: Certain medical conditions can impact the accuracy of breathalyzer tests, and we can explore whether any such conditions may have impacted your results.
• Violation of Rights: If your constitutional rights had been violated during the arrest or testing process, we can challenge the evidence presented against you.
• Inaccurate Field Sobriety Tests: Field sobriety tests are subjective and can be challenged based on their reliability.

Contact Our Ventura Underage DUI Attorney Today

At the Law Office of Christopher P. Welch, we understand the complexities of the legal system and the potential consequences you face. Our goal is to minimize the impact of these charges on your life and future opportunities. Contact us today to schedule your consultation and take the first step towards defending your future. Your future is our priority, and our Ventura underage DUI lawyers are here to guide you through this challenging time.

Contact the Law Office of Christopher P. Welch today to get started with our Ventura underage DUI lawyer.