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!