I just got pulled over in my friends gated neighborhood for a broken tail light and the cop took me out of the car for curfew and what not breathalyzed me and i blew a .08
i got a DUI and my birthday is on march 23, about to turn 18 and my court date is on april 21 !
would the judge give me the punishment of…
you was close enough to 18 once you decided to drink it makes it an adult charge since you want to act like an adult
you will be charged as an adult
and even if the Judge did charge you at 17 its your driving record and it does stay with you no matter what
If you are correct that the offense charged is an infraction, then it is NOT DUI. DUI is a misdemeanor defined by Pen C 23152. An infraction would be Veh C 23140, which is a person under 21 driving with a blood alcohol level at .05% or more. The good news is that the fine is considerably lower (about $500 versus about $1,500). The bad news is that it is still 2 points with DMV, and results in a 1 year suspension of your driver’s license.
In fact, if all he gave you was a field test, and did not take you to the station for an actual breathalyzer, it could be that you are charged only with Veh C 23136, which is a person under 21 driving with a blood alcohol level of .01% or more, another infraction. That carries a usual fine of about $360, and does not result in any DMV points–but there is still a 1 year license suspension.
Since the offense occurred when you were 17, you are still within the jurisdiction of the juvenile court, and no prosecutor would ever waste time by trying to have a 23140 or 23136 charge transferred to adult court.
while you’re incredible that the offense charged is an infraction, then that is no longer DUI. DUI is a misdemeanor defined by potential of Pen C 23152. An infraction would be Veh C 23140, that’s a individual below 21 driving with a blood alcohol point at .05% or extra. the reliable information is that the fantastic is drastically decrease (approximately $500 as against approximately $a million,500). The undesirable information is that it continues to be 2 factors with DMV, and ends up in a a million year suspension of your motive force’s license. in fact, if all he gave you become a container attempt, and did no longer take you to the station for an easily breathalyzer, it could be which you’re charged merely with Veh C 23136, that’s a individual below 21 driving with a blood alcohol point of .01% or extra, yet another infraction. That consists of a familiar fantastic of approximately $360, and would not bring about any DMV factors–yet there continues to be a a million year license suspension. because of the fact the offense befell once you have been 17, you’re nonetheless in the jurisdiction of the juvenile court, and no prosecutor would ever waste time by potential of attempting to have a 23140 or 23136 value transferred to person court.
Depending on the offense, they could potentially still charge you as a minor considering you were one at the time. Since you got a DUI and are legally underage to drink, that might not be the case. According to the website link below, a teenager charged with DUI in some places can be held to the same standards as adults or could have their license revoked until 21. The web link below has some good insight on the issue. If I were you, I would get a really good lawyer. Good luck
This is pretty heavy stuff. Get yourself a lawyer.
There’s a legal maxim, “Ignorance of the law is no excuse.” If you didn’t already know how much trouble you could get into by driving drunk, you had no business drinking and driving. One or the other, buddy, one or the other, but not both together! The broken equipment and the curfew violation make it worse.
Live and learn. Straighten up and fly right. If they arrest you again, the consequences will be a lot more drastic than they’ll be even this time.
You’d get the punishment based on being 17, as you are punished based on the time the crime was committed. As to the Probation you STILL broke it. Also since most States say zero tolerance UNDER 21 expect to face the most harsh punishment possible for DUI.
You were already on probation, and you got off easy because you were underage eh? And you were stupid enough to drive drunk? Well I hate to break it to you, but DUI never go away. You won’t go to jail, but you will likely loose your license for 7 months to a year. And if you are pulling DUI at that young age, you still have plenty of time for another one.
Being 17 or 18 does not matter. You are underage as the legal age is 21. You are going to lose your driving privileges and probably face fines, alcohol abuse classes and community service.
Just think how sad you’d be if you had killed someone when you decided to drive drunk. You should have your license revoke for a few years, and I’d feel pretty good with you doing time in jail too.