Under 21 DUI Lawyer
DUI Defense Law Firm in Anaheim, CA
A Driving Under the Influence (DUI) conviction can severely impact one's
life at any age, but perhaps the most devastating conviction is one that
happens before you reach your 21
st birthday. An underage
DUI can dismantle your future opportunities for education, employment, and
purchases. Not only will it go on your permanent public record, but it
may also be accompanied by additional criminal charges that can further
mar your reputation. If you have been arrested for underage drinking and
driving, your future and your reputation are at stake, and our Anaheim
DUI defense lawyers have the experience you need to help protect them.
At The Law Office of Barney B. Gibbs, we have dedicated our practice to
criminal defense and have represented clients in more than 2,500 cases over 30 years. Throughout
our experience, we have gained knowledge and insight into both California
law and the local court systems. Our extensive familiarity with prosecutors
and judges has given us a distinct advantage in defending our clients
and has helped us see more than 1,100 cases dismissed. Thus, when you
come to our firm for help, you can trust our competency and efficiency
to fight for you.
California Underage Drinking and Driving Laws
According to the California Penal Code and the national Zero Tolerance
Law, an individual under the legal drinking age of 21 is strictly prohibited
from driving under the influence. California Vehicle Code Section 23136
prohibits minors from operating a motor vehicle with a
blood alcohol content of 0.01 percent. A violation of this section is also an infraction and
a punishable offense. Individuals under the age of 18 will have their
cases heard in the juvenile court while those over 18 will be assigned
to the adult court to where a judge will decide their sentencing if convicted.
Possible penalties for an Underage DUI include:
- Driver's license suspension
- Sentence to jail or juvenile facility
- Required alcohol treatment program
- Safe driving courses
- Fines and fees for any damages or injuries
- Breathalyzer ignition lock
- Community service
As a minor charged with a DUI, you may also face additional charges that
are related to underage consumption including possession. If there were
other underage passengers who were drinking, you could be charged with
distributing alcohol to minors and child endangerment. If you used a fake
ID to purchase the alcohol, your charges may be accompanied by a false
identification violation. Also, an individual under the age of 21 who
caused an accident while intoxicated may be charged with a DUI causing
bodily injury or death, which is typically a felony. These additional
charges can both increase your penalties and intensify the negative impact
of your DUI.
We Can Build a DUI Defense You Can Trust
At The Law Office of Barney B. Gibbs, our Anaheim criminal lawyers are
aggressive in building defenses for minors accused of drunk driving. We
will take the time to thoroughly investigate the circumstances of your
arrest to ensure that your rights were never violated throughout booking.
We can compile evidence, testimony, and analysis that can serve as proof
that you were wrongfully charged in order to see your case dismissed or
your sentences reduced.
One possible defense for underage drinking and driving is to argue probable
cause. A police officer must have had a justifiable reason why he or she
stopped you. In other words, the officer must prove that you were guilty
of a moving violation before you were pulled over. Further, he or she
must have had valid reason to suspect that you were intoxicated, such
as smelling alcohol on your breath or seeing an open container in the
vehicle. If the police officer cannot prove one or both of these points,
you could potentially see your case dismissed.
Furthermore, police officers are bound by law to follow strict protocol
following a DUI stop. They are heavily regulated in the procedures for
administering field sobriety tests. Any mistake or act of coercion can
be seen as a violation of protocol and your rights. Additionally, it is
possible that the results of a BAC, urine, or breathalyzer test were inaccurate
or improperly analyzed. Finally, your case may be dismissed if an officer
found your BAC to be above the legal limit and arrested you without reading
your Miranda rights or following proper arrest and booking procedures.
Retain Aggressive, Competent Counsel
At The Law Office of Barney B. Gibbs, we know that individuals under 21
years of age face a more varied array of DUI charges than adults, and
have a lot more at stake. However, while minors are held to a much stricter
standard, there may also more room to negotiate. Our Orange County DUI
attorney can take any measures necessary to help fight for your rights
and your future.
Mr. Gibbs knows what it takes to win, and can efficiently pursue case dismissals
and sentence reductions to ensure that you have the best chance at a clear
future. He will make himself available for you 24/7 and will set aside
time to directly answer your questions. Our personalized service and one-on-one
attention means that you can feel confident that we are dedicated to you.
Don't let an underage DUI ruin your life; let us help you take action today!
Call today for your
free case evaluation to get started!