.04 BAC under 21 DUI
Question: I am 18 year old and arrested for DUI in Santa Clarita, CA with a .04 BAC. I was not driving but told the policeman that I had not been drinking .. the cop told me I would have been fine if I wouldnt have lied to him.. does that mean that .04 isnt enough for an arrest except for the fact that I didn’t admit to drinking alcohol?
Answer: I would need to know more to better assess this situation. In california, this wouldn’t (or shouldn’t) be charged as a DUI if no driving. Or, if charged with DUI and no actual driving, then the charges should certainly be fought (and should be fought regardless). Was the person being charged in or near a car? DId the officer suspect the person had been driving? If they can prove driving, then in California, there is a zero tolerance law for under 21 drinking and driving. Meaning that even at a .04 in CA, a person can be charged with VC 23136 (having a .01 BAC, Under 21, and driving). Whatever the situation, call me to discuss defending this DUI charge further.
DUI & Criminal Defense Attorney