TL;DR

Navigating the legal system when your child faces a juvenile DUI or other criminal charge can be overwhelming, especially in North San Diego County. A key takeaway for parents is understanding the 'zero tolerance' policy for underage drivers in California; the DMV will impose a 12-month license suspension, separate from any court proceedings. Unlike adults, juveniles under 18 don't have the same implied consent rules regarding field breathalyzer tests, but refusing can still have significant consequences. It's crucial to remember that police reports and arrest information, even for juveniles, don't truly disappear; while they may be sealed within the juvenile system, various entities still gather and database this information. This makes having an experienced criminal defense lawyer in Escondido or surrounding North San Diego areas invaluable. We often serve as a crucial intermediary, controlling the flow of information to law enforcement and potentially negotiating better outcomes, as demonstrated by cases where we've helped clients avoid severe charges by strategically managing disclosures. Ultimately, understanding your rights and having a knowledgeable advocate on your side from the outset can significantly impact the trajectory of a juvenile case, potentially leading to diversion programs instead of formal charges.

Understanding Zero Tolerance and DMV Suspensions for Underage DUI

Richard: Yeah. They're likely going to., when you say they're not gonna lose it, they're gonna be suspended. Yeah. They're going to be suspended. And and California, if you're 21, it's a zero it's zero tolerance. If you show up as a point one, it may be an infraction criminally. It's a civil or, it's it's just a it's not a noncrime. Even at the point five level, it will be a noncrime. I take that back. At the at the point one, less than a point five, you're gonna be looking at just a civil fine that you're going to pay, noncriminal. And at the point five to below a point zero eight point zero five to point zero eight, You're gonna be looking at a infraction where it's a noncrime still. And then at the point zero eight, you're gonna be looking at an actual DUI.

Richard: The the thing is why I point out those different tiered levels is that at all three of those levels, the zero tolerance with respect to the DMV and that administrative hearing that we spoke of briefly is that the DMV is going to impose a twelve month suspension on your license.

Now how this works is your driver's license will be take if it's with you, it's gonna be it's gonna be confiscated by the police. They're going to issue a pink slip of paper. That pink slip of paper is gonna tell you what you have to do if you wanna try and contest this. You have ten days to contest it. You'll be provided evidence. You'll provide a hearing date. Now an important thing to understand, this is not a criminal action. This is an administrative action, it's governed by civil law, which means they don't have to prove beyond a reasonable doubt.

Richard: They only need to prove by a preponderance of the evidence, which means they only need to be fifty point point zero zero one Yeah. That this occurred. Right? So it's a very difficult standard to overcome. Yeah. It's not what we typically hear about and what we know about in the criminal context, which is, is, beyond a reasonable doubt, which is a very high burden to overcome or for the for the state to establish. Going back to that is they're going to lose it for they're going to lose it for twelve months if it can be established at the administrative hearing that they had any alcohol in their system.

Richard: That's a it's an important distinction.

I don't think many people would, would assume that they're two different, systems in that in that regard. ?, an important thing to also know is that in the context of an adult versus an underage is that you're not if you're 21, part of when you signed up for a driver's license is we have this implied consent that applies to all adults that they have to blow in the breathalyzer or they automatically lose their license in the but they but when they do the field test, which is it's called the PAS system, which is where they are out in the field and they have you blow into it while you're still on scene of your arrest, an adult doesn't have to consent to that.

The Nuances of Juvenile vs. Adult Police Encounters

Richard: They can say, no. I'm not in doing that. A juvenile can't., they have the different form of the license. It reads vertically as opposed to horizontally. Portrait versus landscape for an adult. And under that, being 21, one of the things is that you have to submit to an alcohol. And I think this is, it seems like it might seem a little unfair, but the reality is that it's zero tolerance. You shouldn't have been drinking at all. Testing for the for for whether there was any drinking at all is, it's a given. Children cannot refuse. Underage people cannot refuse the field breath test.

Attractify: It's interesting. Going on to, I think, again, a similar question to what we've already answered. But, again, if you even just wanna gloss over it and give a really short overview, Is there a way to keep a DUI from becoming part of my child's permanent record?

Richard: , permanent record is an interesting word. I I, we used to think about when I was a kid, I thought about premier record, really just had to do with school. I I never even really thought of permanent record from a criminal context. Let's see. Permanent record. This is the other reason that I find it really hard is, as a juvenile 18, the police reports, all the investigation, the arrest report, any of those things, those things are funneled into the juvenile system and then they're sealed. The idea that those things, they're never made public. And so if you wanna get it, you're gonna have to file a motion with the court. You have to be in a certain category of people for a certain specified number of reasons.

Richard: And then even before you get that, there's a level of scrutiny that's that a judge will oversee who will ever get access to view those. And and this is not some minor thing. Your records are very, very protected as a juvenile. Now as an 18 to 20 year old, a lot of this stuff is public. Court records are public. All of this stuff is public. And even things that are later dismissed or or expunged, the arrest record still shows up. And in today's world, it's very different because there's companies out there that are scouring county databases, and they are pulling every single thing that is ever filed. Mhmm. Whether it's a arrest report, complaint in a criminal case, a restraining order, these things don't disappear not because they're part of your permanent record, but because they're part of the permanent Like, there's so many people that are gathering data and databasing information about individuals.

Richard: Whether or not there's this, centralized where it used to be in the file someplace that people could access, that's not the question anymore. It's how many people grab that information and have stale information if that charge was dismissed. I have plenty of times that there's been people that have come to me and their question is, wait a second. I was arrested, but when I went to apply for this job, it showed up that it didn't show up that it was dismissed. Well, oftentimes, the company will be using a background check agency. Now they may have pulled your file at some point and had this, and that's what they showed, but they haven't done a repo on your file. And so they don't have the updated information that it turned out you were wrongfully accused.

Richard: You just have this outstanding record. Oftentimes, we can clear that up by getting the subsequent file and being able to produce it.

But you have to understand that a lot of the problems that people are concerned about when they talk about a permanent record is that people are gonna see something that I've done, and it may influence how they perceive me. And, unfortunately, that permanent record when you're over 18, there you run the risk of that perception.

Attractify: Yeah. No. That's a that's a really, really interesting piece of context, again, that I don't think many people think about. It's not always just the record as it stands with the government. It's it's a lot of the times, do have all these other databases that are coming into play. Going on to the net, should a miner speak to police, prosecutors, or the DMV without an attorney?

Richard: Never. The the short answer is there's a reason we have a Sixth Amendment right to counsel. Mhmm. And, just in what we've talked about, the complexities of your situation, knowing where you stand like, the reality is that most people don't have any idea where they stand in relation to law enforcement when they're asking them questions. Mhmm. They don't really get what's going on and the potential traps that they could fall into. And they're dealing and this is the thing, is they're dealing with somebody that is a trained professional at walking you right into these traps. Yeah. And so just from the perspective of the imbalance of information, the lack of experience in dealing in these situations, that's what we bring to it.

Richard: And and I'll tell you, there's there's been more than one time that we have saved somebody from locking themselves into a very severe charge by being that middle person that controls the release of information or how information is provided. And that, that there's not sometimes an overshare which could create an overcharge. Mhmm. And so by us being in there, we oftentimes can manage the information that is shared. It doesn't mean that we don't ever cooperate with the police. We rarely cooperate with the police as far as that, but there are times., I have a case where, know, we disclose the whereabouts of a vehicle that was suspected in a hit and run.

Richard: And we represented somebody that was, that they was a person of interest, And we worked to with the police to disclose and help them find the vehicle that was believed to have been a part of the a part of the incident that gave rise to this very serious charge, but we were able to negotiate what information we shared and that now, we're able to manage the case a little bit better. And that the the case gets charged in a way that is commensurate to what the actual, conduct was.

Attractify: Yeah. And that's a a very important piece of context for people. It's not a it's not an even fight. ? It's you're dealing with people.

Richard: Yeah., people talk about the power imbalance between a teacher and a student in high school. Well, you've been a student for ten years by the time you're a sophomore. You're very aware of the imbalance. You've seen it play out. And still everybody on the schoolyard knows Yeah. You keep your mouth shut., we're taught that at a very young age to handle it in certain situations and the the difference in power dynamic is so much bigger.

Attractify: Yeah. And what I think I think one of the things that people miss is they miss what the what it this isn't like a an aspersion on police officers.

Like, their job is to investigate crimes, gather evidence that they can hand over to the district attorneys to prosecute that crime. The more evidence they get, the better chances that the DA can do their job. A police officer trying to get all the information they can is a police officer doing their job.

Attractify: Yeah. No. That's that's a respectful and also, it seems like a useful perspective on it. Going on to one of our last questions here, how fast do we need to hire a DUI lawyer after an arrest in North County?

Richard: Let's deal with the two sides. Right? As long as you're prepared to contact the DMV and set up an APS hearing, you can take that off the calendar. That's something you can do. You can do it by phone. And then an attorney can step in and represent you in that., with I I'm I'm not I don't like being somebody that says, oh, you gotta hire us immediately. We're gonna that's not it., that's that's more of the sales pitch than the reality. Okay? You're gonna have an arraignment. That arraignment is going to come if you've been released on bond, you're not gonna be it's not gonna be anytime soon.

Richard: You're gonna be out a month. You might even be out of six weeks. You could be out three months before you end up at your arraignment. There is time. I the most important thing for people to understand, particularly when you're dealing with your kids, the reason that we're important, we're we're we're there. And a lot of the role that I fill in those early days is informative. Sharing our experience, sharing our expertise, being able to get people back to this place where it's not the obsessive thought and the obsessive googling and the obsessive chat GPT ing and clotting to try and understand a system that still may not give them a perfect answer in context of what's going on in their situation.

Richard: We're there to answer those questions. We're there to to hold their hand in the early days because they're usually the toughest days. I think there's a benefit to contacting us early. It's not this kinda like, if you don't have me today, you're in a lot of trouble. Now I'm saying this in the context of a DUI that results in a citation, a release, and, the person's gonna be out on their own recognizance. There's issues if you were involved in an accident and you've been detained.

Richard: You're being held at Juvenile Hall. You're gonna have a detention hearing. That is completely different. You're gonna need an attorney right away. If your child has been detained, you need an attorney because that detention hearing is gonna come up in a matter of hours, not a matter of weeks. Wow. It's gonna when I say that, it's because they measure it in terms of forty eight hours, seventy two hours. We're talking days, but it's not gonna be weeks. And you have to be prepared to address that situation immediately. Additionally, one of the one of the things that can happen and a reason to contact in the juvenile context is a lot of times, we can deal with the DA or with the police if we're brought in quickly enough that the diversion can happen in advance.

Why Early Legal Counsel is Critical for Juvenile Charges

Richard: Now I'm not gonna say that this is something that happens on a regular basis, but it can, where we step in, get a case diverted. Because in California, particularly for juveniles, the police have the option to do community diversion without ever referring to the DA for referring for charges to be filed. The DA's office can decide not to charge or issue a petition in the case a delinquency petition in the case and instead refer out to a community organization and a plan that would be a diversionary outcome. And so there is reasons that you could contact me very quickly in a juvenile setting that we may be able to rush in and try and get an outcome very quickly. Now that's typically going to be dictated a lot on where the blood where the BAC is.

Richard: And, look, the the reality is I see very few cases sub point zero eight. It when those cases come in, you're probably talking about the party situation where the stop is being made because of something that they were called to, a DUI checkpoint, and you have to be a juvenile driving through it. But, the conduct that that usually force that results in you being pulled over is usually highly correlative to being over a point zero eight. Yeah., we're we're we're talking about an acronym that is called drunk driving.

It's not called sober driving where you somehow have alcohol in your system. ?

Attractify: Well, technically, we call it driving under the influence.

Attractify: It's true. True. Colloquially, I guess so. We call it drunk driving. You're right. No. Exactly. But I think that's a good perspective. And, again, I think a lot of this, has been helpful for a lot of the different reasons. Even I didn't even after going through these questions beforehand and thinking about them, I wouldn't have known, majority of these answers. I think let me, we have one last question that I think kinda sums up a lot of what we've been talking about today. Again, I think we probably covered it. If you wanna if you wanna go through it quickly, that's okay. But the question is, how do we protect my child's future after one serious mistake?

Richard: , as self serving as this sounds, get a lawyer. Get somebody that knows the system. Get somebody that knows which levers to pull that we can get the best outcome., I the good thing for everybody to know is you're going to have a lawyer. Okay? Whether you're a juvenile or a young adult, you're going to have a lawyer. If you're in the criminal one, you'll have a public defender that's assigned to you when you go to court that first day. And if you're a juvenile, you'll have a public defender that'll be assigned to you as well.

If you're a parent and you're hearing this and you're saying, I just don't have the resources for a private attorney, know that your child will be represented. That's the first thing I have to say. And I will tell you, have a lot of respect, deep respect for public defenders.

Richard: They are in the trenches every single day. They know the people that they're dealing with. They but they deal with a caseload that is much larger than a caseload that I have to deal with. You have especially particularly in the juvenile context, my office is set up with mostly parents who understand what you're going through. It we may not know specifically, but we understand what it is, what where your concerns are coming from. And we definitely dedicate time to answering your questions and getting you like I had said before, those first few that first week is going to be like drinking from a fire hose. And you're just gonna have you're gonna have emotions and obsessive thoughts and all of these things, and an attorney is gonna be able to walk you through it. Then when you get into the process, we're going to be able to pull the levers to move you move your child through it as quickly as possible.

Navigating Diversion Programs and Information Sealing

Richard: A lot of the things that we do in the juvenile context is challenging the nature of the charge and getting the charge brought down to a misdemeanor. We work with the judge to seek diversion. We work with the DAs to seek diversion. We really work to pull every single lever that we possibly can to make sure that we can guarantee what the outcome is in advance. And, not to sound alarmist, to pull the other side of this is that, particularly when we're talking about juveniles under the age of 18, when you're dealing with a misdemeanor, it's going to be sealed. Your kid's gonna be okay.

What they go through in the process to getting to that ceiling can differ greatly, and we can assist with that.

Attractify: That's a really awesome perspective to have on it. And I think it's a very again, from the perspective of being a parent, I think it's a caring and empathetic one as well, which I think is always helpful in these kinds of situations. That's all the questions that we have in regards to this today. This has been, again, super helpful. But thanks so much for answering all these questions and taking the time, Rick.

Richard: On. Thanks for having me.

Comparison at a glance

Frequently Asked Questions

What happens to a juvenile's driver's license after an underage DUI in California?

For juveniles involved in an underage DUI in California, the DMV imposes a strict 'zero tolerance' policy. This means that regardless of the specific circumstances, the DMV will typically impose a 12-month suspension on their driver's license. This administrative suspension is separate from any penalties or proceedings in the juvenile court system and highlights the immediate impact of such charges on a young driver's privileges.

Do juveniles have to take a field breathalyzer (PAS test) if stopped by police in North San Diego County?

While adults have implied consent to chemical tests after a lawful arrest for DUI, the rules differ for juveniles. An adult can refuse a field breathalyzer (PAS test) without immediate automatic license loss, though refusal after arrest carries consequences. For juveniles, the power dynamic is significant, and while they might not be subject to the same implied consent rules as adults for pre-arrest field tests, it's always best to consult with a juvenile DUI attorney to understand specific rights and potential repercussions in such situations, as refusing can still complicate their case.

If my child is arrested as a juvenile in Escondido, will the police reports be sealed?

Yes, generally, police reports and investigation details related to juvenile arrests, especially for misdemeanors, are funneled into the juvenile system and are sealed. However, it's important to understand that 'sealed' doesn't mean 'disappeared.' Various agencies and databases may still retain this information. While it offers a layer of protection for the juvenile, it underscores the importance of having a criminal defense lawyer in Escondido to manage the case and ensure proper procedures are followed for sealing and expungement where applicable.

How can a criminal defense lawyer help if my juvenile is a 'person of interest' in a police investigation?

If your juvenile is a 'person of interest' in an investigation, a criminal defense lawyer can be invaluable. They can act as a crucial intermediary between your family and law enforcement, controlling the release of information and how it's provided. This strategic management of communication can prevent your child from inadvertently locking themselves into a severe charge, and in some cases, can even lead to negotiations that manage the overall case more effectively, potentially avoiding formal charges altogether.

Can a juvenile's criminal charges in North San Diego County be resolved without going to court?

Yes, in certain situations, particularly for juveniles under 18 facing misdemeanor charges, the District Attorney's office may decide not to file a delinquency petition. Instead, they might refer the juvenile to a community organization or a diversion program. These programs aim to provide alternative outcomes to formal court proceedings, focusing on rehabilitation and support rather than punitive measures. An experienced juvenile crimes defense attorney can advocate for such diversionary outcomes.