What Should I Do if My Child is Arrested for Underage DUI?

August 11, 2011

No parent ever wants to get that call where they find out their child has been arrested for underage drunk driving, but this does happen. Now what do you do?

juvenile-arrested_8831826.jpgFirst of all, stay calm and as positive as you can. If you're reading this, you realize that it's important to be proactive and search for information that will be helpful during this challenging time. You are probably worried about how a DUI will affect your child, especially since they are under the age of 21, and you may even be upset with them. However, just because they were arrested for driving while under the influence of alcohol does not mean that they were in fact "under the influence."

The Zero Tolerance Law in California is tough to beat, but this doesn't mean you should back down without a fight. It is crucial to ensure that your child's rights are protected and that any violations of their rights are presented to the court in an effective way to get charges reduced or even dismissed altogether.

The California Vehicle Code (CVC) §23136, PAS Persons Under 21: Preliminary Screening Device created stricter Zero Tolerance requirements and penalties for drivers under 21 years of age. Under this law, the Department of Motor Vehicles (DMV) must suspend or revoke the driving privilege of any individual under age 21 who is arrested or held in police custody for driving under the influence (DUI) of alcohol, or alcohol and drugs. This applies to those who either take a Preliminary Alcohol Screening (PAS) test, chemical test (blood or breath test) with a BAC level of 0.01% or more, or those who decide not to take or fail to finish a PAS or other chemical test. This is only the beginning of the potential repercussions of a drunk driving arrest for underage individuals.

For more information about what you can do to help your child after their DUI arrest, get in touch with Santa Clarita underage DUI lawyer Daniel Kann. As an attorney who has handled thousands of criminal defense cases, Mr. Kann knows what it takes to obtain a successful case result. Call 888-744-7730 for a free and confidential consultation today.