Underage DUI

Bakersfield Underage DUI Defense Attorney

Protecting Your Rights Against Underage DUI Charges in Kern County

California takes a "zero tolerance" approach to underage drinking and driving. That means that if someone under the age of 21 is found to have a blood-alcohol concentration (BAC) level of .01% or above, they will be arrested for underage DUI, even if there was no erratic driving or other indicators of drunk driving.

If you or your family member has been arrested and charged near Bakersfield, California, it is crucial that you contact a qualified Kern County underage DUI attorney at once. The driver's license suspension for underage DUI is often for one year, and in some cases, the car will be impounded and later sold.

Has your child been charged with an underage DUI? Our Bakersfield DUI attorneys can help schedule a consultation today by calling (661) 874-1325 or completing our online contact form. 

Understanding California's Zero-Tolerance Law for Underage DUI

California is one of the many states to enforce a zero-tolerance approach to underage drinking. this means that if a person is under the age of 21 and they are given a BAC test, whether a Breathalyzer or blood test, and found to be at a level of .05% or above, they will also be charged with a DUI charge, which is a misdemeanor.

Don't take chances on an underage DUI charge. The zero-tolerance approach in California can result in the loss of driving privileges and even the loss of the vehicle under certain circumstances.

Penalties for Underage DUI Convictions in California

If convicted, this will go on their permanent criminal record, and they could be facing DUI penalties. In addition to the penalties served and a criminal record, potential employers and colleges have access to these via background checks. The individual must report the conviction if asked this question on applications, making it a difficult hurdle for years to come.

Effective Strategies to Defend Against Underage DUI Charges

While every case is unique, some common defenses against underage DUI charges may include:

  • Lack of Probable Cause for the Stop: If the police did not have a valid reason to pull you over, the entire traffic stop may be considered illegal. This lack of probable cause could lead to the dismissal of charges.
  • Faulty Field Sobriety Tests: Field sobriety tests are subjective and can be impacted by various factors such as nervousness, fatigue, or physical conditions. Challenging the accuracy and reliability of these tests may be a defense strategy.
  • Breathalyzer Accuracy: Breathalyzer machines must be properly calibrated and maintained to ensure accurate results. Issues with the calibration or maintenance of the machine may be grounds for challenging the breathalyzer results.
  • Rising Blood Alcohol Content (BAC): It takes time for alcohol to be absorbed into the bloodstream. If you consumed alcohol before driving, your BAC might have been below the legal limit while driving but exceeded it by the time you were tested. This is known as the "rising BAC" defense.
  • Medical Conditions: Certain medical conditions or medications can affect breathalyzer results. If you have a medical condition that could impact the accuracy of the test, it may be a valid defense.
  • Illegal Search and Seizure: If law enforcement had conducted an illegal search or seizure to obtain evidence against you, it could be grounds for suppressing that evidence in court.
  • Miranda Rights Violation: If you were not informed of your Miranda rights during the arrest, any statements you made may be inadmissible in court.

Get Legal Help from Our Bakersfield Underage DUI Attorney Today

At Middlebrook & Associates, our attorney has successfully defended countless underage drivers on DUI charges. The resources the firm has gathered for the DUI defense give us a powerful advantage when our clients are facing such a charge. Attorney Richard Middlebrook at Middlebrook & Associates has years of experience in defending underage drivers charged with DUI. Protect your child's future with a Bakersfield underage DUI lawyer from our experienced legal team.

Contact Middlebrook & Associates today to get started with our Bakersfield underage DUI lawyer.

Commonly Asked Questions

What are the consequences of an underage DUI charge in Bakersfield?

In Bakersfield, California, the consequences of an underage DUI charge can be severe. If convicted, the individual may face a one-year suspension of their driver's license, and in some cases, their vehicle may be impounded and sold. Additionally, a DUI conviction will appear on their permanent criminal record, which can hinder future employment opportunities and college admissions. The zero-tolerance law means that even a minimal blood-alcohol concentration (BAC) can lead to serious legal repercussions, making it essential to seek legal assistance immediately.

How can a Bakersfield attorney help with underage DUI charges?

A knowledgeable attorney in Bakersfield can provide invaluable support when facing underage DUI charges. They can analyze the circumstances surrounding the arrest, identify potential defenses, and represent the individual in court. This includes challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, and ensuring that the rights of the accused are protected throughout the legal process. With their guidance, families can navigate the complexities of the legal system and work towards the best possible outcome for their case.

Why Choose Middlebrook & Associates?

  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings
  • Teaches Lawyers & Scientists - DUIDLA, American Academy of Forensic Science & American Chemical Society
  • Founding & Board Member - DUI Defense Lawyers Association (DUIDLA)
  • Top 100 Lawyers in America - DUI Defense

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Client Testimonials Hear from Real People Who We've Helped
  • “Very knowledgeable and friendly,”
    Called them about a DUI. It was my first and I was just gonna plead no contest. They got they entire case dismissed! I can say it's worth it to at the very least call and see what the lawyers here can do for you. Very knowledgeable, friendly, and they keep you in the loop every step of the way. I am a more than satisfied customer. I couldn't have had a better experience.
    - Matthew W.
  • “Aggressive and informed representation”
    Thank you for providing aggressive, informed representation and ensuring me a fair, rational legal process.
    - Aaron Jacobs
  • “No regrets, highly recommend.”
    I was arrested for a first-time DUI in December 2015. Middlebrook & Associates gave me a step-by-step overview of what would happen. They updated me promptly, took over my case, and got it thrown out due to technicalities. The team was committed to quality, and I have no regrets recommending them.
    - Gabriel
  • “We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case”
    By way of background, I am a civil trial lawyer who practices law in another state. In 2020, after a questionable traffic stop, my daughter was arrested for DUI. Our family engaged Mr. Middlebrook to assist her. After he reviewed the evidence, Mr. Middlebrook identified the weaknesses in the State’s case and formulated a trial strategy to include the retention of an appropriate expert witness. While waiting for trial, Mr. Middlebrook prevailed in the administrative proceeding allowing my daughter to retain her driver’s license pending trial. After plea negotiations fell through, we went to trial on the criminal case. I have over 35 years of experience in a courtroom and have tried dozens of cases to verdict. On the first day of trial, I could tell that Mr. Middlebrook had the respect of the trial judge and the prosecutor. He developed an excellent rapport with the jury. In his examination of the expert witnesses for each side, Mr. Middlebrook demonstrated a deep understanding of the science related to DUI cases. His cross-examination of the arresting officer was respectful while making the officer appear to be, at best, incompetent in his handling of the stop and administration of the breathalyzer test. The jury acquitted my daughter on one charge and deadlocked on the other. An acceptable plea agreement on the remaining charge was thereafter reached allowing for all charges to eventually be dismissed and expunged from her record. We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case, and I highly recommend him.
    - Ken I.

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