DUI Blogger

As summer ends and school begins, underage drinking becomes more prevalent. Students in college -- and even high school -- are returning to the party scene…which means that underage drinking will be on the rise.

Underage drinking is nothing new and, for many, is the norm. Students living in dorms, fraternity and sorority houses, in off-campus apartments, and even with their parents frequently get drunk and/or high. Oh…to be young again.

However, with age comes wisdom, and with wisdom comes the recognition that we aren’t invincible. So if you’re under 21 listen up! Not only is it possible for the police to arrest you for drunk driving, it’s possible for them to arrest you for driving with any measurable amount of alcohol in your body. This is what’s known as California’s zero tolerance policy.

Continue reading "College Students Beware...If You're Under 21 and Arrested for a California DUI, You Can and Will be Prosecuted" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUIs and Minors , Underage DUI

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Stated in Vehicle Code 23136, California DUI law makes it illegal for minors under 21 years of age to drive with any measurable amount of alcohol in their systems. An underage drinker who drives with even a .01 BAC faces a one-year suspension of his/her driver’s license.

California's underage DUI law is based on the notion that because minors can't consume alcohol legally, they shouldn't be able to drink and drive legally at any BAC level. Moreover, because minors are less experienced drivers, they are thought to pose a particular danger if they drive after consuming alcohol.

These points are well taken. But still, a one-year driver’s license suspension can be unduly onerous. Many of those under the suspension must drive to work or school. Lack of transportation can interrupt their education and ability to earn a living; factors that in turn can lead to more drinking. Imposing a restricted license that allows at least limited driving for such necessary activities would make better policy sense.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUIs and Minors , Underage DUI

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A California teenager was arrested for DUI three times in less than two weeks. Police in the San Francisco suburb of Morgan Hill say 19 year old Anthony Maher was arrested three times in eleven days for driving under the influence.

For two of the arrests, investigators say his blood alcohol level was more than twice the legal limit. The California DMV will suspend Maher’s license for one year.

For underage drivers charged with DUI, a different set of laws concerning license suspension apply. The DMV ramifications are even harsher than those for a legal adult. If an underage driver tests at a 0.1% or more on any test, whether in the field or police station, he can lose his license for one year.

In addition, a 1-year suspension for anyone under 21 years of age who refuses to take a preliminary screening test, meaning a field test, will apply. For these drivers, a DUI conviction will be considered as a first DUI, if others occurred within the following 10-year period.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUIs and Minors

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