TL;DR

Navigating an underage DUI charge in California can be a complex and stressful experience for families. This discussion emphasizes the distinct nature of juvenile DUI cases, highlighting that they often present more opportunities for rehabilitative outcomes compared to adult cases. A critical point for parents and young adults under 21 is the existence of two separate proceedings: an administrative hearing with the Department of Motor Vehicles (DMV) and a criminal court process. Even if your child is over 18, both proceedings apply. It's crucial for parents to carefully review all paperwork received from law enforcement, as this information is vital for understanding the charges and deadlines. California's zero-tolerance policy for underage drinking and driving means even a blood alcohol content (BAC) as low as 0.01% can lead to a one-year license suspension.

The conversation also stresses the importance of educating children about their right to remain silent when interacting with police. While the legal process can be daunting, the goal in juvenile cases is often to prevent youthful indiscretions from creating lifelong barriers in areas like housing and employment. The impact on college applications, especially for private or religiously affiliated institutions, is also a consideration, as these schools may have their own conduct codes and application questions regarding past incidents. Understanding these nuances is key to effectively addressing an underage DUI charge.

Understanding the Dual Proceedings for Underage DUI

Richard: We're talking about juvenile DUI, and we're talking about underage DUI. And it's important to understand the distinction. You have children that are under the year under the 18 that will not be treated as adults in the criminal system. They're gonna go into a completely different criminal justice system, the juvenile system, the delinquency system, versus an 18 to 20 year old or just less than 21 year old is gonna go into the adult system. But because they're they're were they're involved with the DUI situation, they have a different set of penalties that are gonna apply even in the even in the adult situation. I think that's an important distinction to look at. I think another important thing to understand and a lot of people don't really get is that they'll walk away from their DUI arrest and they'll have a stack of paper and they don't really pay attention to the paper.

Richard: They kinda think that these are my release papers, and they're not looking at them.

And they're it's important to look at two papers as particularly in the adult context, which is you're gonna have usually, you're gonna have your bail statement, which is gonna also list when your court appearance date is. That's an important thing to have. Mhmm. But more importantly, from a systemic perspective is that whether you're a juvenile or you're a young adult under the age of 21 who's been arrested for a DUI, you're gonna have two hearings that are going on or two separate proceedings. One is gonna be the juvenile proceeding if you're 18 and an administrative proceeding with the deep with the Department of Motor Vehicles. And if you're over 18, you're gonna have two proceedings, one being the administrative hearing with the Department of Motor Vehicles and the other being the criminal that's handled in the traditional criminal court system.

Richard: Those are like initial predicates that you have to look at. And then we can talk about what we could what I would suggest we talk about or maybe we could look at or address at some point.

It would also be important to look at that there are some different penalties that you're going to have both in the administrative and in the criminal, when alcohol is involved when alcohol and driving are involved with a young adult.

Attractify: Yeah. No. That perspective is really helpful. Think even just leading forward in the rest of these questions, just, you coming at it from the basis of, obviously, a professional, legal professional, an attorney in this matter, but specifically also as a parent, I think, is a very important perspective. Going into the first question here, what should I immediately do if my child was arrested for a DUI in Escondido or North County?

Navigating DMV Hearings and License Suspensions for Juveniles

Richard: The first thing to do is any paperwork that your child is given or that you're handed from the police department when they hand your child back to you in a juvenile context, make sure that you read all the paperwork. Number two is understand that the administrative hearing is going to be governed by some very strict deadlines, particularly the request for an APS hearing. If there's going to be a request if you wanna have the opportunity to challenge the suspension of a driver's license, you only have ten days from the date of arrest in order to request that hearing. If you don't request it in the ten days, you're just conferring to the DMV authority to suspend the license. And in a juvenile's context, that means whether it was an actual over point zero eight or it could be a point zero five but under a point zero eight or it could be any the zero tolerance, you're gonna be looking at a one year suspension.

Richard: It's important that people act quickly with respect to the administrative hearing with the DMV.

Always and I think I think everybody needs to educate their children that when they come in contact with the police in a situation where there's been an incident, potentially where they've been involved, that they know that the right to remain silent isn't something that it should be given up freely. And, honestly, the right to counsel, the right to to not incriminate yourself is critically important to creating a I don't know, an equitable justice system. Yes. Many times I find people they say things that are then taken out of context later when they're taken in as part of the investigative process. And so I think kids should learn and adults should know that, the police in the situations where they're investigating a crime, not where you're going to the police to report something., you obviously they're there to protect and serve.

Richard: They're there to serve as, people that can assist you when you need them. But when they're coming out and they're investigating a crime, you really need to be careful about what you say to police.

And it's there's nothing wrong with invoking your Fifth Amendment right or your Sixth Amendment. Now when I say that, that applies to primarily our people that are over 18 years old. ? When you're under 18, the police really should not be talking to you without your parents present. In fact, that's what the rule is. And Mhmm. It will happen in certain situations, but that's one to be careful about. That might be a bit of an aside on the rights thing, but that's an important thing for me. Like, I I see all too often that even parents will tell their kids, well, you need to tell them everything. And that's not necessarily true. And that's also why, grabbing an attorney quickly or taking advantage of an attorney that'll be made available to you is an important step to make.

Protecting Your Child's Future: Beyond the Courtroom

Attractify: No. That's even though it is maybe an aside on the question itself, I think we'll we'll go through these and you'll see, the immediate question that somebody might be asking is, well, what do I do if this happens? But I do think it's important from your expert perspective to address that maybe it's a bit of the wrong question. Maybe the right question is what should have been done beforehand too, which I think is why it's so amazing to get you in, in here and answering these. Moving on to the next question. Can an underage DUI affect my child's college applications?

Richard: This falls a little bit outside my area of expertise because the application process is governed by different states and schools and the federal government and financial aid and all of that. There are some things that have happened, though, that are important to note., FAFSA used to ask about convictions. FAFSA doesn't ask about conviction conditions. When you're applying for federal student aid, that's no longer part of it. I don't believe it's part of I don't believe it's part of the common app anymore as well. I don't believe the common app is doing that. That doesn't mean that, certain schools might have their own applications or supplemental applications in addition to the common app that may ask those quest I do know that I thought I have run into it in the context of representing somebody who is already in college.

Richard: And there can be there can be, code of conduct issues.

Yeah., that when you're arrested or you're convicted of something, you have a responsibility to report it. Oftentimes, these things are structured more around safety of people that you may be housing with because we have dormitory situations, and we wanna know who and what crimes people who are living in the dormitory for safety issues. That's probably not a DUI issue. But schools also have issues with moral turpitude and other code of conduct, whether they may prohibit drinking absolutely in certain situations. I think the best answer is that I don't think in the application process, a DUI is typically gonna matter. I do believe that when you get to accepting a college offer, you're gonna have issues that you're gonna have to confront with housing and mandatory disclosures for the safety of other student.

Richard: Now there is there is a caveat that I would put to this. And I've dealt with this because my son was a student athlete who went off and played at division three. But I know when he was going through the process, you're definitely gonna be scrutinized, and you're gonna be asked about criminal convictions if you are going through the process. And that's gonna be a that's gonna be a big deal. And now I think even more than ever when so many of our college athletes, even as they're exiting high school, are already very prominent social media characters Mhmm.

Or influencers or whatever they call the athletes today in that in that realm is that there is a platform is going to bring these things out, and there's always this, I guess, there's inherent in these platforms, a desire to point out people's flaws. The idea that you're going to get away with it is not something that I would just I would think is gonna is just gonna happen. As a student athlete, you have to be particularly concerned. And, surprisingly, more kids play.

Attractify: I I didn't realize until my son was going through it how many students are student athletes across all the sports and how many kids are considering it. When you start going into the depth of all the sports at all the different division levels Mhmm. This is a lot much larger group of kids Yeah. Than when we just think about, how many are going to the SEC or the big twelve., there's all there's all these other college athletes at all different levels. This is an important question for them. Yeah. No. It makes total sense. Going on to the next question that I think is almost the natural follow-up. Will a DUI arrest show up when my child applies for internships, jobs, or even graduate school?

The Importance of Legal Counsel in Juvenile Cases

Richard: It's important to now we're gonna go back. I said that there's this distinction between underage adult crimes and underage juvenile crimes, and that's gonna be play an important role. When you're dealing with a misdemeanor, which a DUI is so if it didn't involve an accident or a severe injury to somebody else or a death of somebody else, it's gonna be treated as a misdemeanor. And once you complete the rehabilitative process that is prescribed by the court and you are released from the jurisdiction of the court, your record is going to be sealed. And in cases like this, your record is going to be sealed automatically. Now there are provisions to that we can talk about and carry forward penalties and things like that may come up if you later get a DUI where that record may not be sealed for all purposes.

Richard: But with respect to who gets access to it at the level of jobs, housing, colleges, these are not people that are going to to get ahold of this type of information. It is sealed for a reason. We're we're trying to make sure that people aren't carrying out, that aren't carrying forward penalties of a useful youthful indiscretion do not translate into lifelong permanent or short term or even longer term permanent issues for them in the area of housing and employment. Alright. For So the 18 year old, you may be in a different situation. The 18 to 21, this is something if a criminal background check is run, it's gonna show up.

Richard: It is different. And, oftentimes, one of the things that we work towards is to is to try and if we if at all possible, is to allow them there's two methods that we use. One would be to find an alter if they are over a point zero eight and they have a true DUI, then what we look to do is if we can categorize it down to a wet reckless so it doesn't show up as a DUI. Again, that doesn't mean that it won't be treated as a DUI in the future. The the subsequent issues, if you have repeat offenses Yeah. This would manage that. ? And then another way to do it is a shorter time of of probation if we can negotiate that.

Richard: Shorter time of probation would then allow us the opportunity under California law that we could do an expungement where they would no longer have to then disclose it on a job application or a employment application.

And importantly, in that over 18 under the category of expungement, it does show up differently on a background check then. It does show up as a dismissed count.

Attractify: Wow. Okay. That makes that is a, I think, a really useful piece of context, obviously, for that realm of people looking for this. The next question that we have here is and I think we've touched on this, but maybe in this specific regard, you can even just, give a little bit of an overview. Can a first time DUI keep my child from getting into a top tier college?

Richard: I think we address this. It depends on the college. It really depends on the college. The issue is going to come across if we're talking about a UCLA or a Cal, you're probably not gonna have that issue because it's gonna be more standardized. We're gonna know what's going on. You may have issues with housing, which could be a problem, but that's a different that's nice that I have to do with them being in. Yeah. School. And then I think when you transfer over, at a school like Point Loma Nazarene or USD, you may face increased issues getting in there just because of their private schools, their religious affiliations, their different codes of conduct. They may ask different questions on their application. I would be more concerned in that context.

Attractify: Yeah. No. That makes sense. And that goes along with, I think, what we what we even said in the first question here. Our next question is can, excuse me. I'm gonna back up on that. What happens if my teenager was pulled over after drinking at a party?

Richard: The reason I pause in this is I it was, one of my worst cases that I've had was a young adult just graduated and was at a graduation party and ended up in an accident and somebody died. And these can be, so that there there's I think I think the reason that comes up for me is because the whole partying and drinking thing is going to it's going to trigger certain a certain reaction from the district attorney's office and from law enforcement oftentimes. You're probably more likely that they're going to push a little bit harder, particularly if something like a car accident happened or somebody was injured.

Richard: A lot of times, these are different because there'll be more kids in the car.

Those types of the situations that I've encountered where it's kids leaving a party, not just that they're endangering themselves or other motorists on the road, but they have other people in the car with them. And there's just been there's just so many in these cases where you have, the rollover car accident and, the driver walks away and then, two or three of the other people in the car may not. I the the the scenario of a party the party doesn't change anything, but I do think the perspective of going to a party with this intention to drink with the car there, knowing you're gonna leave, it creates this different it's not, criminally, it's no different.

Richard: But I think contextually, which certainly does matter, it it could be different. And, context really matters in the juvenile setting, in the 18 setting. And it oftentimes, it can matter where that party was. Neighborhood even a neighborhood could change how you're being treated by the police and how the matter is pursued by the district attorney's office in juvenile proceedings. That's unfortunate, but it's true.

Attractify: No., in the context of what you're saying, I think that the optics of it, obviously, we're dealing with real humans, real people in a juvenile or in a in a justice system. This isn't just a series of rules. Right? Right.

Richard: I think people I I guess what it kinda goes to is, like you said, we are dealing with people. And there's a number of decisions. And while there are objective criteria, there is always a subjective element. And DEAs are people who are making decisions in their parents and, their coaches. And, they they oftentimes, they have both sides. ? They may have a lot of compassion towards this or they, they, they may have seen something happen to one of their kid's friends., people are involved in this thing, and there is a subjective element to it, and there's a number of decisions that have to be made. And all of the idiosyncrasies of being human get brought into the subjective decision. Decision.

Frequently Asked Questions

What are the key differences in a juvenile DUI case in California compared to an adult DUI?

Juvenile DUI cases in California often focus more on rehabilitation than punishment, offering different tools and opportunities compared to adult cases. A significant difference is that whether a juvenile or a young adult under 21, there will be two separate proceedings: an administrative hearing with the Department of Motor Vehicles (DMV) and a criminal case in the traditional court system. For juveniles, the zero-tolerance policy means even a very low blood alcohol content can result in a license suspension, and the goal is often to prevent youthful mistakes from creating permanent obstacles for their future.

What should parents do immediately if their child is arrested for underage DUI in Escondido or North San Diego County?

If your child is arrested for an underage DUI in Escondido or North San Diego County, the first crucial step is to carefully read all paperwork provided by the police department. This documentation will contain vital information regarding deadlines, court dates, and administrative hearings. It's also essential to remind your child of their right to remain silent and to avoid giving up that right freely when interacting with law enforcement. Seeking advice from a qualified juvenile DUI attorney or criminal defense lawyer in Escondido promptly can help ensure all necessary steps are taken to protect your child's rights and future.

How does California's zero-tolerance law affect an underage DUI and license suspension?

California's zero-tolerance law has a significant impact on underage DUI cases. For anyone under 21, even a blood alcohol content (BAC) as low as 0.01% can trigger a one-year license suspension. This is distinct from the 0.08% legal limit for adults. This strict policy means that any detectable alcohol in a minor's system while driving can lead to severe administrative penalties from the DMV, regardless of whether they appear impaired. Understanding this zero-tolerance rule is vital for parents and young drivers.

Can an underage DUI impact college applications or future employment?

Yes, an underage DUI can potentially impact college applications and future employment, although the extent varies. While the application process for colleges is governed by different states and institutions, some schools, especially private or religiously affiliated ones like Point Loma Nazarene or USD, may have their own conduct codes and supplemental application questions that ask about past incidents. The goal in juvenile criminal defense is often to mitigate these long-term consequences and prevent a youthful indiscretion from becoming a permanent barrier to housing, employment, or educational opportunities.

Why is it important to contact a criminal defense attorney in North San Diego County for an underage DUI?

Contacting a criminal defense attorney in North San Diego County is crucial for an underage DUI because these cases involve complex legal procedures and significant potential consequences. An experienced attorney, especially one specializing in juvenile crimes defense, can help navigate the two separate proceedings (DMV and criminal court), understand California's zero-tolerance laws, and explore rehabilitative options. They can also advise on protecting your child's rights, managing the administrative hearing, and working to minimize the long-term impact on their future education and employment prospects.