UNDERAGE DUI

UNDERAGE DUI ATTORNEY MODESTO

Facing an Underage DUI? Get Trusted Help in Modesto

If your child has been arrested for DUI in Modesto, you need clear answers and reliable guidance fast. At the Law Offices of Richard A. Meyer, we bring over 21 years of criminal defense experience to every case. Our team supports families with direct access to Attorney Meyer, compassionate guidance, and a determined approach built on careful attention to the unique facts of each case. 

We handle underage DUI cases with discretion and focus, offering support in both English and Spanish as needed.

Families in Modesto face unique challenges after a juvenile DUI arrest, including local reporting requirements and diversion programs available through Stanislaus County. We stay up to date with the local juvenile court’s expectations and work closely with families to prepare for all hearings and meetings. Our approach keeps information clear and conversations open, ensuring every family gets honest answers and smoother legal experiences.

Take advantage of our free consultations and affordable services. Contact the Law Offices of Richard A. Meyer, your dedicated Modesto underage DUI lawyer, by calling (209) 529-1112 or reaching out online now.

Understanding Underage DUI Laws in California

California’s approach to driving under the influence for those under 21 is governed by several Vehicle Code sections. Unlike drivers over 21, underage DUI charges can be triggered by a far lower blood alcohol content (BAC) level, often with immediate administrative consequences from the DMV. A skilled underage DUI attorney in Modesto must be prepared to defend against all three potential charges stemming from a single incident.

1. The Zero-Tolerance Law (VC § 23136)

This is the most common underage DUI charge and does not require proof of impairment:

• Legal Definition: It is unlawful for a person under 21 to drive with a BAC of 0.01% or greater.
• Nature of Offense: This is a civil administrative offense, not a criminal misdemeanor, but it carries a mandatory license suspension enforced by the DMV.
• Proof: BAC is usually measured by a Preliminary Alcohol Screening (PAS) test administered at the roadside.

2. Underage DUI (VC § 23140)

This charge applies when the BAC level is higher:

• Legal Definition: Driving with a BAC of 0.05% or greater.
• Nature of Offense: This is a criminal infraction that carries fines and mandatory alcohol education but generally no jail time (unless compounded by other factors).

3. Standard DUI (VC § 23152)

Regardless of age, an underage DUI can be elevated to a full criminal DUI if:

• Legal Definition: Driving while impaired, OR driving with a BAC of 0.08% or greater.
• Nature of Offense: This is a criminal misdemeanor (or felony if serious injury is involved) and carries the same severe penalties as an adult DUI, including potential jail time and much higher fines.

Our firm immediately prepares a defense against all three potential charges to safeguard the client’s driving privileges and criminal record.

Penalties of Underage DUI Convictions in California

The penalties for an underage DUI conviction in Modesto are often life-altering because they strike at the core freedoms and future prospects of a young person.

Direct Penalties (DMV Administrative Sanctions)

The most immediate consequence is the Administrative Per Se (APS) license suspension, which is separate from the court’s criminal case:

• First Violation (BAC ≥0.01% or Test Refusal): Mandatory one-year suspension of the driver’s license.
• Second/Subsequent Violation: Mandatory revocation for two or three years.
• Delay of License: If the driver does not yet have a license, the offense results in a one-year delay in obtaining one.
• Fines and Education: For a VC §23140 offense (BAC ≥0.05%), mandatory fines and completion of a three-month or longer alcohol education program (for drivers 18 or older) are imposed.

Criminal Penalties (Court Conviction)

If the BAC is ≥0.08% (VC §23152), the young driver faces criminal penalties:

• Jail Time: Up to six months in county jail.
• Fines: Criminal fines ranging from $390 to $1,000, plus penalty assessments.
• Probation: Three to five years of informal probation.
• IID: Potential requirement for an Ignition Interlock Device (IID).

Collateral Consequences

The non-legal consequences often prove to be the most severe obstacle for a young person:

• Educational Opportunities: A criminal record for DUI can negatively impact college applications, scholarships, and financial aid eligibility.
• Employment: The inability to drive for a year or more severely restricts job opportunities, particularly for young people whose employment often requires transportation.
• Insurance Costs: DUI convictions lead to skyrocketing insurance premiums and the required filing of an SR-22 form for years.
• Future Record: A criminal conviction for a serious traffic offense remains on the record and can be difficult to expunge later in life.

A dedicated Modesto underage DUI lawyer works not just to mitigate penalties but to secure an outcome that minimizes the lifelong harm to the client’s record.

Our Comprehensive Approach to Underage DUI Defense

The Law Offices of Richard A. Meyer employs a strategic, detail-oriented defense methodology to combat underage DUI charges. Our firm utilizes the unique, lower legal thresholds of these cases as a powerful weapon against the prosecution’s evidence.

We pursue every available legal challenge, including:

• Challenging the Traffic Stop: Our firm investigates whether the officer had a lawful reason (reasonable suspicion) to pull over the vehicle. If the stop was based on a hunch or illegal, all subsequent evidence (including the BAC test) can be suppressed.
• Attacking the PAS Test Accuracy: The 0.01% threshold is so low that readings can be affected by non-alcoholic substances, including:
  • Mouth alcohol from recent mouthwash use or dental work.
  • Certain cough syrups or medications containing alcohol.
  • Medical conditions like Acid Reflux or GERD. Our firm introduces testimony or documentation to prove the BAC reading was unreliable and not due to illegal alcohol consumption.
• Lack of Driving/Operation: We challenge the core element of driving if the young person was found in a parked vehicle or sleeping in the car. If the prosecution cannot prove driving, the underage DUI attorney in Modesto charge must be dismissed.
• Refusal Defense: If the license was suspended for refusal, we argue that the client was not properly advised of their implied consent obligations or the specific consequences of refusal, a mandatory requirement for the suspension to be upheld.

By focusing on the procedural and technical flaws inherent in these arrests, we maximize the chances of keeping the client’s record clean and restoring their driving privileges as quickly as possible.

Why Retain an Underage DUI Lawyer in Modesto

• Personalized counsel for your family: Every case receives our full attention. Attorney Meyer provides his personal cellphone, so you have direct support through this difficult time.
• Two decades of criminal defense experience: We know Stanislaus County courts, local judges, and procedures in the Modesto juvenile justice system.
• Clear, open communication: We answer questions directly and keep families informed from start to finish, building trust at every stage.
• Flexible consultations: Choose in-person or virtual meetings for your comfort and convenience. Our free, confidential consultations help you move forward with confidence.
• Bilingual services: We communicate with families in both English and Spanish to ensure everyone understands their options and next steps.

Our approachable, responsive style makes it comfortable for parents and teens to ask questions and get real answers. With years of local experience defending DUI charges for minors, our office provides the support and communication needed through every stage. 

When you choose an underage DUI attorney in Modesto from our team, you provide your child with a dedicated legal advocate who values prompt replies, respect, and careful guidance from the first phone call to the last court date.