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Do you think this law should be changed?
I live in California, so I'm not sure what it is in other states. But say someone under 21 but at least 18 is driving and hit with a DUI because thier BAC was over 0.01 but not over 0.08; do you agree with this? If someone 21 or over is under 0.08 BAC, then they are fine and are let go. But why is it that this does not apply to someone under 21 and at least 18? Yes, they are not suppose to be drinking because the law says you have to be 21. But in my opinion, they should not be charged with a DUI. I think someone should take a stand and have the law changed to "underage drinking" as long as they are under 0.08 BAC. What do you think??
3 Answers
- Anonymous9 years agoFavorite Answer
You are mistaken, and are confusing three different laws.
DUI is driving while under the influence of alcohol or with a BA of .08% or above. That is a serious misdemeanor offense, with a maximum sentence of 6 months in jail (longer with priors). (Veh C 23152.) It is also 2 points with DMV.
Being under 21 and driving with a BA of .05% or more is NOT DUI, it is a separate offense. (Veh C 23140.) It is an infraction, no jail time can be imposed, and carries a fine of about $480. It also is 2 points with DMV, which can have major insurance consequences.
Being under 21 and driving with a BA of .01% or more is also NOT DUI; it is a separate offense. (Veh C 23136.) It is also an infraction, no jail time can be imposed, and carries a fine of about $360. It carries 0 (zero) points with DMV.
The danger to the person under 21 is that all of these offenses result in a 1-year drivers license suspension (as do most drug and alcohol offenses committed by people under 21 in California).
Bottom line: the law is already much as you describe it, and does not appear to need change.
Source(s): 35+ years as a criminal defense attorney - 9 years ago
DUI is DUI. It's not underage drinking. It's a case of a adult dose compared to a child dose. The law is based on science facts and not what people like or don't like. Studies have showed that younger people's senses are affected differently by alcohol than an adult.
- 9 years ago
If youre at fault and you kill somebody you should be charged for manslaughter regardless. As far as having a BAC below .08 it shouldn't be a DUI because at that point alcohol had nothing to do with crash. So underage consumption would be appropriate. But that's it.
