Articles Posted in Under 21 DUI

A San Diego teenager was sentenced after he admitted to driving under the influence and causing an injury accident. (This is a follow-up to the story originally posted on November 17th.)

According to the Union Tribune, the seventeen year old was sentenced to the maximum penalty allowed under state law, 480 days in custody in the San Diego County’s Youthful Offender Unit. Once released, the juvenile will be placed on probation.

This teen’s blood alcohol content (BAC) was .21. Under California Vehicle Code (VC) Section 23136, “[I]t is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”

VC Section 23136 does not preclude prosecution under California Vehicle Code Section 23153, which makes it “unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

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A Vista teen admitted he was driving while under the influence (DUI) of alcohol on October 18th, when the car he was driving struck a grandfather and toddler in Oceanside. The teen’s blood alcohol content (BAC) was reported by 10news.com as .21.

California has a Zero Tolerance Law that applies to all drivers under the age of 21. This means that it is illegal for anyone under 21 to have a BAC over .01, and on your first offense your driving privilege will be suspended for one year. Further, refusing to take or failing to complete the preliminary alcohol screening (PAS) test will also result in a one year license suspension.

According to the California Department of Alcohol and Drug Programs, the proportion of under age DUI arrests increased from 7.7% in 1996 to 9.4% in 2006. Less than 1% of all DUI arrests involved juveniles under the age of 18. In this case, the teen was only 17 when the accident occurred.

(“San Diego Under Age Youth Sentenced for DUI Injury Accident” is the follow-up to this story and was posted on November 30th.)

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