Hollywood often portrays underage drinking as a humorous activity, but any Los Angeles DUI defense attorney will tell that it's a major hazard and can lead to serious consequences. DUI defense lawyers in Los Angeles represent so many underage DUI defendants that it's almost an industry unto itself.
While drinking alcohol before the legal age minimum of 21 years of age may be a common enough occurrence, it is still illegal and may still involve a criminal charge. Los Angeles has a zero tolerance law for underage drinking and driving. What that means is that while the legal threshold for a driving under the influence charge is a blood alcohol concentration of .08% or greater, if someone under the age of 21 is found to have a blood alcohol concentration of just .01%, they can incur a driving under the influence charge.
In addition, the defendant in this case would also likely face an automatic one-year suspension of their driving privileges in addition to whatever other penalties they are given as punishment for the infraction. Age becomes an interesting factor in criminal offense charges. Typically, minors who commit a variety of crimes are subjected to a slightly different legal system than are adults.
The juvenile court system tends to focus more on rehabilitation from criminal or otherwise illegal behavior instead of outright punishing defendants as an adult legal system would. The juvenile court system is not any more lenient in its convictions, it simply believes that minors exhibiting bad behavior can be corrected and learn to make better decisions. In the case of underage drinking and driving in Los Angeles, if the defendant's blood alcohol concentration is over the legal limit of .01%, but under .05%, the infraction is usually charged as a civil violation, which tend to carry less severe penalties. If the defendant's blood alcohol concentration is over .05%, then the defendant may be charged with a criminal offense. Underage drinkers in Los Angeles caught driving are also legally required to submit to field sobriety tests, breath tests or blood tests to determine blood alcohol levels.
Adults in similar situations may decline these tests altogether. Minors between the ages of 13 and 20 who are caught drinking in Los Angeles (even if they are not driving) will also see their driving privileges delayed an extra year. Dealing with an underage drinking-related crime can be a confusing and complicated process. An experienced criminal defense attorney is necessary to guide you through the process.
If your underage child has been charged with a drinking-related crime, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to ensure the best possible outcome for you and your child.
