Alcohol & Drugs: DUI, DWI 17 arrested for DUI without a driver's license

[Karen4]

Jurisdiction

California

Our 18 year old son was arrested a few weeks ago for a DUI in California when he was 17 years old. They thought he was 18 and booked him in the adult prison until he told them he was 17. They brought him home to be under our care. He had a 1.3 level of intoxication. He was with a girlfriend who said she was too drunk to drive and asked him to please drive. He doesn't have his driver's license yet as we were waiting until he was 18. He was also cited for speeding going 60 in a 30 mile speed limit. We are not sure if we should seek legal representation or not. He is guilty. He has never been in trouble with the law before. We know the seriousness of this matter and are so grateful nobody got hurt. We told him he should have called us to pick them up. He is currently a senior in high school. Can you please provide us with your recommendations. We have never been involved in the court system and do not know what to do or what to expect. Thank you very much.

 

[army judge]

Lets help you understand, your son could have lied about his age in an effort to keep you in the dark about his legal woes.

Most minors lie about their ages when they get in deep trouble, but at age 17, they become keepers anyway.

The 17 year old kids who get busted, all go to adult jails.

That's the way the law operates in MOST states, CA being with the MOST.

Your son certainly does require the assistance of an attorney.

I suggest you endeavor to obtain proper legal representation for the errant lad.

He (as are all of us in this country) is INNOCENT until proven (or he pleads guilty).

A conviction of charges of this magnitude will devastate his life for decades.

One harsh reality, if he pleads to this, he'll find no drivers license in his wallet for years.

He also needs alcohol abuse counseling, IMMEDIATELY.

He's on the road to ruin, because the law prohibits his young lips from allowing alcohol to be ingested in his young body.

Had he consumed alcohol in your home, with you or pops present, in many states that's okay. However, I doubt you'd have allowed him to consume, allowing him only to taste, not heavily imbibe.

In all actuality, the BAC in his body doesn't matter.

People under the age of 18, especially MINORS, can't legally touch (much less consume) alcoholic beverages!

 

[Highwayman]

If he blew a "1.3" he'd be dead several times over. I'm assuming you mean a ".13". Since he is under 21 he is not permitted to have ANY alcohol in his system while driving.

He needs an attorney. Period.

 

[CdwJava]

Our 18 year old son was arrested a few weeks ago for a DUI in California when he was 17 years old. They thought he was 18 and booked him in the adult prison until he told them he was 17.

Apparently he gave them a bad name, or he did not have a driver's license or ID card and lied about his age to them.

Oh, and it was not adult "prison," he was booked into county jail.

They brought him home to be under our care. He had a 1.3 level of intoxication.

That would be a 0.13 BAC - well over the per se level, but below the aggravated DUI level.

He was with a girlfriend who said she was too drunk to drive and asked him to please drive.

There were other options available. He was likely as impaired as she was, or more so. Either way, it will not matter in court.

He doesn't have his driver's license yet as we were waiting until he was 18.

Well, the bad news there is that it is likely he will be having to wait at least another year before he can even think of his license.

He was also cited for speeding going 60 in a 30 mile speed limit. We are not sure if we should seek legal representation or not. He is guilty.

An attorney might be able to minimize the impact of the conviction. maybe, as a first offender, he can seek a plea deal to being a minor with a BAC of .05 or higher (VC 23140) instead of the full DUI of VC 23152(b). In any event he can expect probation, a license suspension (and delay in receiving a license), counseling, and huge fines.