Many people may not know that the California laws and regulations pertaining to DUI differ for underage drivers. Drivers over the legal drinking age are considered to be under the influence if they have a blood alcohol concentration (BAC) of 0.08% or higher. Repeat offenders can be arrested and charged with a DUI if they are found to be driving with a BAC over 0.01% - that's any measurable amount of alcohol in your blood!
Laws in the State of California dictate that it is illegal to consume alcohol if you are under the age of 21. It is also illegal for any person under the age of 21, to transport unsealed liquor containers in their vehicle. Should a minor under the age of 21 have a BAC of 0.01% or higher, he/she can be arrested for DUI, whereas it is illegal for minors under the age of 18 to drive with any BAC.
Section 25667 of the California Business and Professions Code does provide one exception for a minor under the age of 21, which could prevent them from being prosecuted for consuming alcohol. However, that same section makes it very clear that underage minors will not be immune from criminal prosecution for any activities made dangerous by the consumption of alcohol, including DUI or any other violations of the Vehicle Code.
Know your rights. Contact The Law Offices of Adam Allen Arantand speak to a knowledgeable San Jose DUI attorney today.