At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

A minor is going to face the DMV process to try to save their license. They are also facing a court case, depending on the alcohol level and how it is decided by the authorities in Marin County to file it. It could be filed in juvenile court and the juvenile system will decide what steps they are going to take. The minor needs to find a DUI lawyer who has experience with juvenile cases to represent them in that process and with the DMV. They are facing a loss of license for a year and potentially other penalties which could be quite severe.

What Are The Consequences For A Minor Between The Ages Of 18 And 20 Years Of Age Who Is Convicted Of DUI In California?

An under-21 adult who is convicted of DUI will face all the typical consequences of a DUI plus being penalized by the Department of Motor Vehicles. One of the reasons for requiring DUI school is to make sure that young people understand the severity of driving under the influence so that it does not happen again. If you are an adult and you get a regular DUI, if you get another one within ten years, you are looking at a mandatory four days in jail, followed by a lot of other penalties and an 18-month DUI school. People who are younger and have their futures ahead of them need to get the best lawyer they can to get the best result that they can in their case, and then learn from it. One of the things I do with all my clients is a lot of counseling and a lot of talking about why this happened. We all make mistakes, but we must make sure we don’t make them again. This is one of the reasons the DMV takes you off the roads for a year.

If you are a young person looking for a DUI lawyer, find someone who pays attention to you, cares about you, cares about what they do, and cares about society. Part of that is helping their clients get the best result they can while helping them understand what steps need to be taken to improve and make sure this doesn’t happen again.

Can Police Question And Request A Breath Or Blood Test From A Minor Who Is Under 18 In Marin County Without A Parent Being Present On The Scene?

Implied consent is given for testing when you get a driver’s license in California. It gives officers the authority to require a minor to do a blood or a breath test and if the minor refuses, then a warrant can be obtained from a judge, which will require the minor to do a blood test. The police can even hold someone’s arm down for a forced blood draw with a warrant, especially when there has been an accident. Everyone has the right to refuse testing. However, there are consequences for that, which include losing your license for a year, whether you are a minor or not.

What Is The Court Process For A Minor Charged With DUI In Marin County?

A minor under 18 will almost always go through the juvenile system. This is not a jury system; you are dealing with the judge. Typically, there is a probation officer and a judge who are dealing with your attorney. Your parents are required to be at the juvenile court appearances and there are a lot of different penalties. You need an experienced lawyer who handles mainly DUI cases to take care of the case for you; someone who is familiar with the juvenile system and understands Marin County.

What Are Some Possible Defenses For A Minor Facing DUI Charges In Marin County?

A DUI requires two elements to be met. There must be driving and there must be either impairment or a BAC over 0.08. The best defense is a reasonable doubt that you were driving or a malfunction of the testing machinery. There could be a rising alcohol defense or margin of error calibration issues. There could be maintenance issues with the machine. It would need to be shown that the machine is calibrated properly, that the person who administered the machine did so correctly, and that they were qualified to use the machine. Some officers may be out of certification or haven’t recertified. I would recommend that anyone who is arrested for any type of DUI get the best lawyer they can find who practices DUI defense and can help them get the best result in their case.

Could My Child’s DUI Charge In Marin County Be Dropped To A Lesser Offense?

There are lesser offenses to DUI if someone is under twenty-one. If they are under 18, we are usually facing a vehicle code section violation, which will result in a suspension of license only. It would not be a DUI on their record.

Is It Possible To Have My Minor Child’s DUI Conviction In Marin County Set Aside Or Sealed?

When you turn 18, you can have your records sealed. What won’t get sealed is your DMV record and that will show up for insurance purposes. Even if you are an adult and you get an expungement, the Department of Justice will show that you had that conviction dismissed. It will still show up on your DMV record. Nothing happens to that until 10 years go by and then it is supposed to drop off. You can have it sealed, but there are ways for it to be seen. You would definitely want to talk to an attorney who deals with juvenile matters, if you are concerned about a juvenile record.

For more information on DUI Defense Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

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