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About DUI Under 21 in the Bay Area

By Our Redwood City DUI Attorney

A detention with a 0.01 or greater blood alcohol content can pose a serious threat to the future of a minor or someone under 21 years of age. Bay Area criminal defense and DUI lawyer Shelley D. Dwyer will listen to the unique facts of your case, find solutions that are appropriate for your unique needs and goals, and fight to protect your future. Backed by more than 25 years of legal experience, we have the knowledge and resources necessary to help you evade unfair charges.

Call (650) 419-2940 or contact us online for your free initial consultation with a highly experienced Bay Area DUI lawyer.

California’s Zero Tolerance Policy

The State of California utilizes a zero-tolerance policy with respect to drivers under the age of 21. This means that a person under 21 can face a suspension of their license with as little as 0.01 percent of alcohol in their blood. In most respects, this makes the law harder on young people than it is on adults, as the loss of their license is for one year for a first offense.

When a person under the age of 21 is facing a drunk driving arrest, there is great opportunity to negotiate with prosecutors in an effort to find a punishment that is seen to fit the individual. It is very common for minors and persons under 21 to receive greatly reduced penalties or to be charged with lesser offenses, especially if their blood alcohol content was found to be relatively low. Special DMV hearings exist for minors and persons under 21 that will determine the young person’s driving privileges. Again, there are many alternatives to make sure school and/or work needs are met.

In addition, young people can be charged with DUI as an adult as well and face stiffer penalties. Thus, there is a wide range of potential penalties a person under 21 may face. It is extremely important to contact an experienced DUI attorney in the Bay Area to help explain what alternatives are available and to negotiate for the rights of young people.

About BAC Tests for Drivers Under 21

Because of the zero-tolerance policy, minors and persons under 21 cannot refuse to take a hand-held breath test – even though these tests are considered so unreliable that adults can lawfully refuse them. Since the law states that persons under 21 cannot drive after consuming a measurable amount of alcohol as measured on these machines to be 0.01, they can be considered reliable enough as evidence to suspend their driving privileges.

Your lawyer can attack this evidence and its flaws. Hand-held machines are difficult to calibrate and they are often handled by persons who are inexperienced or unqualified to do so. Administration of these and other tests are governed by specific rules. When these rules are not followed, inaccuracies can result. Speak to experienced DUI attorney Shelley D. Dwyer about the evidence in your case.

Contact a Bay Area DUI Lawyer for Under 21 DUI Defense

If you are facing a drunk driving arrest, contact the Law Office of Shelley D. Dwyer by calling (650) 419-2940. Call now and schedule your free case evaluation.

When Your Freedom Is On the Line,

Contact the Law Offices of Shelley D. Dwyer.
  1. Attorney Dwyer has over 25 years of experience in criminal defense.
  2. We provide vigorous and aggressive defense.
  3. We have handled more than 150 jury trials.
  4. We offer initial consultations free of charge.
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