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Wednesday, 29 September 2010

Are Underage Dui Penalties Less Severe?

By Taylor Danes

When it comes to getting a DUI, underage drivers are easily at most risk
for the most severe punishments available. While they might not spend
years in jail for an offense, there are many more consequences that are
far worse for young drivers, including license suspension, fines, and even
probation. Typically, most states have a law that any driver caught
driving with a certain BAC (blood alcohol content) is considered to be
driving under the influence. This rule, however, doesn't always apply to
juveniles.

In California, anyone under the age of 21 that has a BAC of 0.01% can be
charged with a DUI. If the driver has a BAC of 0.05% or higher, they can
receive an underage DUI charge and an adult DUI charge from the same
infraction, making them subject to arrest and jail time. A driver under 18
that is convicted of a DUI in California loses their license for one year,
or until their 18th birthday. Typically, the court chooses whichever
penalty is greater. Vehicles can be impounded when underage drivers are
caught and charged with a DUI, which is one of the most expensive underage
DUI penalties available.

Fines are a large part of underage DUI penalties. Drivers will often have
to pay thousands of dollars in fines, vehicle repossession, and for
license reinstatement once they have completed their punishment. If a
driver refuses to submit to a breathalyzer test, they will immediately
have their license suspended for one year because refusal of testing is
seen as an admission of guilt in most cases. Chemical testing submission
is critical to proving sobriety in underage DUI cases. Subsequent refusals
result in greater penalties, including license suspension for up to 3
years if the offense is repeated within a 10 year period.

Underage DUI penalties are handed out by the DMV and the criminal court
system simultaneously. The DMV is responsible for revoking or suspending
licenses according to their laws or the court's ruling, while the criminal
court is responsible for imposing fines, probation, jail time, and other
punishment including substance abuse classes. Underage DUI penalties
within the social world are far worse than criminal penalties.

In the state of California, DUI offenders who are underage when
charged must list their DUI on their college applications. This may or may
not affect the acceptance of a student, and carry a social stigma of
irresponsible behavior. It's always best to avoid the situation by not
drinking and driving, but if you are being charged with an underage DUI,
you need a qualified attorney to help you with your case.

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