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Underage DUI

Rancho Cucamonga Underage DUI Attorneys

Drunk Driving Under 21? Call Our Firm at (909) 328-6101 for Help with Your Case!

While it is illegal to drink and drive in California, it is especially illegal for drivers under the age of 21 to operate a vehicle if they have consumed alcohol. When an underage driver is caught driving with any amount of alcohol in their system, they can face serious legal consequences.

If you or your child has been accused of an underage DUI in California, it is important that you take immediate action to protect your rights and your future. At Newman & Allen, we represent clients in all types of DUI cases, including those involving minors. Our Rancho Cucamonga underage DUI lawyers are prepared to go the distance for you.

To learn more about how we can help you, call Newman & Allen at (909) 328-6101 or contact us online. 

What is the Legal BAC Limit for Minors in California?

In California, it is illegal for any driver under the age of 21 to operate a motor vehicle with any amount of alcohol in their system. This is in stark contrast to the legal blood alcohol concentration (BAC) limit for drivers who are 21 and older, which is 0.08%.

For those under the age of 21, even the smallest amount of alcohol in the blood can lead to criminal charges. This is because California has a zero-tolerance policy when it comes to underage drinking and driving.

Zero Tolerance Law

This is a civil offense, meaning it is handled by the Department of Motor Vehicles (DMV) and does not result in a criminal conviction or jail time.

  • BAC Threshold: 0.01% or greater.
  • Consequence: A mandatory one-year driver's license suspension for a first offense.

Underage DUI Infraction

This is a criminal infraction handled in the San Bernardino Superior Court. It does not carry jail time but does carry other severe penalties.

  • BAC Threshold: 0.05% or greater.
  • Consequence: A mandatory one-year license suspension, a fine of at least $100, and a mandatory alcohol education program.

Adult DUI Misdemeanor

Regardless of age, if a minor is driving with a BAC of 0.08% or higher, or if their driving ability is actually impaired by alcohol or drugs, they can be charged with the same misdemeanor DUI as an adult.

What is the Penalty for an Underage DUI in California?

If you are an underage driver who is convicted of a DUI, you could face the following penalties:

  • 3 to 5 years of informal probation
  • Up to 6 months in county jail
  • Up to $1,000 in fines
  • 4-month driver's license suspension (1 year for subsequent offenses)
  • Enrollment in a DUI educational program

Additionally, an underage DUI conviction will cause your insurance rates to increase. You will also have a criminal record that can follow you for many years. This can make it difficult to secure housing, employment, and even educational opportunities.

How to Defend Against an Underage DUI Charge?

Just because you are facing charges, it does not mean that you are automatically guilty. At Newman & Allen, we believe in fighting for the best possible outcome for every client. Our Rancho Cucamonga underage DUI lawyers will carefully review the facts of your case and help you determine the most appropriate course of action. We are prepared to do everything in our power to get your charges reduced or even dismissed.

We know that every underage DUI case presents unique circumstances, especially when it comes to youth defendants facing long-term consequences. Because these cases are typically handled in the Rancho Cucamonga Superior Court, it is essential to work with attorneys who know the specific practices and procedures of the local courts.

Our underage DUI attorney in Rancho Cucamonga utilizes the following core strategies:

  • Unlawful Stop and Detention: The police must have a valid legal reason (reasonable suspicion) to pull over your vehicle. We meticulously review video evidence and police reports to determine if the officer violated your Fourth Amendment rights. If the stop was unlawful, all evidence collected afterward (including the BAC tests) may be suppressed, leading to a dismissal.
  • Challenging the PAS Test Reliability: Because the BAC threshold is so low (0.01% and 0.05%), even minor errors can skew the results. We challenge the PAS and breathalyzer results by proving:
    • Mouth Alcohol: Residual alcohol from mouthwash, dental work, or acid reflux/GERD can cause falsely high readings.
    • Improper Observation Period: The officer must observe the driver for a continuous 15 minutes before the test to ensure no foreign objects or substances interfere with the sample. Failure to do so invalidates the test.
    • Machine Malfunction/Calibration: We scrutinize the maintenance and calibration logs of the testing device to prove it was inaccurate at the time of your test.
  • "Rising Blood Alcohol" Defense: This occurs when the driver's BAC was still rising when tested. We argue that the BAC was actually lower when the client was driving than it was at the time of the test, potentially dropping the result below the legal threshold.

What Parents Should Know About Underage DUI Arrests in Rancho Cucamonga?

Dealing with an underage DUI arrest is confusing and stressful for parents and guardians concerned about their child's future. Underage DUI cases in Rancho Cucamonga follow different procedures than adult DUI cases, and families often have questions about what to expect and how best to support their child during this time.

In San Bernardino County, juvenile matters are generally overseen at local courthouses such as the Rancho Cucamonga Superior Court. Instead of detention, many minors are released to their parents with a requirement to return for a court date. However, the courts take these allegations seriously, and the outcomes can still be life-changing.

Top steps Rancho Cucamonga families can take after an underage DUI arrest:

  • Contact a qualified attorney as soon as possible to discuss next steps and potential defense options.
  • Attend all scheduled hearings at the Rancho Cucamonga Superior Court and ensure your child is present and prepared.
  • Gather relevant documents including arrest records, court paperwork, and school letters, to keep organized for all legal appointments.

Taking action quickly following an underage DUI arrest offers the best protection for your child's future. Our firm is here to guide families through every phase of the process in Rancho Cucamonga and surrounding communities.

What Are My Options If I Am Convicted of an Underage DUI?

If you are convicted of an underage DUI, you may be able to have the conviction expunged from your record. In order to do so, you must:

  • Complete your probation period
  • Attend all required court hearings
  • Pay all fines and restitution
  • Complete your DUI educational program

Once your conviction has been expunged, you will no longer have to report your DUI conviction on applications for housing, employment, or education. However, certain government agencies and licensing boards will still be able to see your conviction.

Why Choose Us For Your Underage DUI Defense?

When defending minor DUI charges in Rancho Cucamonga and surrounding areas, we look at all available options, such as negotiating for alternative penalties or challenging the evidence collection process. Working with our underage DUI lawyer in Rancho Cucamonga means you will have dedicated advocates who prioritize your child's rights and future. 

Our attorneys can also guide you through related administrative hearings, such as DMV license suspension appeals, which often take place shortly after an arrest in San Bernardino County. Addressing these issues early can be critical for preserving driving privileges and minimizing disruption to your family's daily life.

Key reasons to hire a juvenile DUI attorney in Rancho Cucamonga include:

  • Local court experience: Our team is familiar with procedures and personnel at the Rancho Cucamonga Superior Court, which can help in tailoring your defense strategy.
  • Focused advocacy: We understand the nuances of representing juveniles and work to ensure your child's voice is heard throughout the legal process.
  • Comprehensive case review: Our approach includes reviewing evidence, identifying any procedural errors, and presenting mitigating circumstances to the court.

Get a Top-Notch Defense in Rancho Cucamonga Today

At Newman & Allen, we are passionate about what we do. Our Rancho Cucamonga underage DUI attorneys have an in-depth understanding of this area of law and are intimately familiar with the local courts. You can rely on us to provide the personalized legal representation you need and deserve.

To learn more about how we can help you, call Newman & Allen at (909) 328-6101 or contact us online. 

Our Satisfied Clients

  • “She was out of state and she still took my call.”
    Thank heavens our case was dismissed, but my first encounter with Ms. Allen was over the phone and she was honest and knowledgeable. I knew i would retain her. She was out of state and she still took my call.
    - Bernadette B.
  • “Very professional”
    JC was very wonderful and very professional when handling the case for our family member. She always responded quickly to all questions we had. If we ever need a law firm which specializes in their area of expertise I will never hesitate contacting them again.
    - Paul K.
  • “Excellent Communication”
    “I can express that Mr. Newman is caring, professional and knowledgeable.”
    - Liz D.
  • “Jc takes personal interest and she fights for you as if you were a part of her own family!”
    “She answered all my questions and thoroughly explained every situation 4 times a day if I needed it. Jc always made me feel comfortable and was just a call away.”
    - Eric C.
  • I highly recommend this law firm, they are extremely knowledgeable, responsive and offer excellent customer service.
    - Jasmine C.
  • “Very positive experience”
    Our family had a very positive experience with the firm. JC Allen has an exceptional legal mind, demonstrates genuine empathy, and is a great listener -- a rare combination of skills. Thankfully, the reason we retained Ms. Allen never developed and we did not have to pursue any legal action. However, if we did, we were confident that we had the right attorney on our side.
    - Adam S.
  • “The best people”
    This is the best people to ever help you out with a case J.C and Dustin are terrific people and helped me my way through it worth the money because they help you get through whatever you need to get through I have nothing bad to say about them if you need an attorney Newman & Allen is the place to go I would definitely go with them again they just don't care about the money they ask you about your goals in life and care about you and really try there best to help. You succeeded I definitely thank them a whole lot Especially Dustin who helped me through my case thank you again i really suggest Newman & Allen as an option because they will help you with whatever case you have anyone from Newman & Allen ante terrific, Kind good people and thank you once again!
    - Darius S.
  • “She did an amazing job!”
    When my son crashed his car on the freeway and was arrested for drunk driving I was overcome with worry and dread. I had no idea what was in store for my son and how this mistake would affect his future. It wasn't until we retained Attorney Allen 2 months later that I could finally stop worrying about what lie ahead. She clearly explained the entire process from start to finish, carefully detailed all of our options and gave us an honest and realistic idea of what to expect in the end. She did an amazing job representing him at all the court proceedings and continued to follow up with him to make sure he was fulfilling his requirements. What I am most grateful for is the manner in which we were treated. Attorney Allen didn't shame us or belittle us. Right away we knew she cared about our son and wanted to give him a second chance at a promising future.
    - Jacquie A.