Do I need a lawyer for an underage DUI?
Question: Do I need a DUI lawyer for an underage DUI in Van Nuys, CA? I was arrested recently by the CHP for what he said was swerving, but, I think I was driving just fine. I am only 19 years old though. If I were to hire a DUI attorney, would they contact my parents? I do have some money for an attorney, but would not want them to contact my parents about it as it is really embarrassing to me and my family would be very angry with me.
The citation that the officers gave me when I was released says 23152(a) and 23152(b). What does that mean? Does this mean that I would have a first and second DUI convictions if I lost on both charges? I feel so stupid for getting myself in this position in the first place. Any help or advice you can give I am grateful for. Thank you.
Answer: Yes, at a minimum I highly recommend getting a lawyer to at least discuss your case with you. Some DUI lawyers (including me) offer free initial consultations. The law is more strict on underage DUI’s and Prosecutor can take more action even on a fairly low BAC’s. If you are under 21 years old, you can face DUI issues on many different levels. VC 23136 for a .01 or higher BAC, VC 23140 for a .05-.07 BAC, or VC 23152(a) and/or VC 23152(b).
Since the officer wrote VC 23152(b) on the citation, I am guessing that you did a breath test and the result came back at a .08 or higher. So regardless of your age, you should speak to and hire a good DUI Attorney in your area.
Conversations between yourself and your DUI attorney are protected by an Attorney Client privilege. Meaning that the attorney you are talking to should not contact or speak to your parents unless you give them express permission to do so.
As far as the result if you were convicted, even if you went to trial and lost on both counts, it will only be treated as a first offense DUI for future purposes.
And don’t be too hard on yourself. Obviously no one wants to get arrested for a DUI (or any other charges for that matter), but you can’t change the past. You can defend against the DUI charges, as well as DMV action that will be taken against you though.
Call me at (818) 336-1384 to discuss your situation further.
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