School is back in session — and students should be careful when it comes to drinking.
The end of August is here, which means that the fall semester for colleges and universities across Southern California is just kicking off, with students moving into dorms, apartments, and housing. It’s an exciting time, with plenty of parties and things to do — and for many students, lots of new experiences, like drinking and doing drugs.
While drinking may be a rite of passage for college students, it can be a dangerous one. Binge drinking is far too common on college campuses, with approximately 2 out of every 5 college students reporting binge drinking at least once in the previous two weeks. Binge drinking is defined as a man drinking 5 or more drinks or a woman drinking 4 or more drinks over the course of 2 hours. This type of drinking can lead to a variety of bad choices — including getting behind the wheel of a car.
California has strict laws against drinking and driving, and these laws are even tougher if you are under the age of 21. California’s zero tolerance law states that it is illegal to drive with a blood alcohol concentration (BAC) of .01% of greater. A violation of this law could lead to a license suspension of one year. If your BAC is .05% or higher, then this charge is elevated from an infraction to an actual crime of DUI — which could result in a range of penalties, including jail time. The “legal limit” or BAC for anyone aged 21 or older is .08% or higher, so if you are under the age of 21, the state of California will takes a much harsher stance — if you drive with a .05% BAC, you will be charged with a DUI.
In addition, unlike most adults in California, if you are under the age of 21, you cannot refuse to take a roadside breathalyzer test, which is also known as a pre-arrest preliminary alcohol screening (PAS). This screening will measure the amount of alcohol in your breath, converting it into a BAC. While a seasoned Los Angeles, CA DUI lawyer can challenge the results of this test, having this evidence will make the prosecutor’s job that much easier. If you refuse to take a roadside breathalyzer test, then your license will automatically be suspended.
Anyone who is under 21 can also be charged with transporting alcohol if they have beer, wine or other alcohol in their vehicle and they do not meet certain criteria. Specifically, the bottle or bottles must be sealed and unopened, and they must be accompanied by a parent or other adult, or transporting the alcohol as part of their job for someone with a liquor license or disposing of it because they were told to do so by a parent or an adult. If you were driving to a party with some beer in your trunk, you could get charged with this crime — which is a misdemeanor offense, and carries penalties of a one year driver’s license suspension, a fine of up to $1,000 and impoundment of your vehicle for up to 30 days.
Underage drinking offenses can be serious, and can make it hard for you to have a bright future. Enjoy your freedom responsibly, and do so without involving cars. If you are charged with a drinking-related offense, contact the experienced Los Angeles, CA DUI lawyers of the Chambers Law Firm immediately at 714-760-4088 or dchambers@clfca.com.
