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Will New California Law Have an Effect on Underage DUI Arrests?

By Jonathan I. Kelman on August 11, 2014. Posted in: Drunk Driving

In California, as in most other states, the age at which one can legally drink alcohol is 21. Those who aren’t yet 21 and are arrested for drinking and driving face a plethora of harsh penalties, from a driver’s license suspension to thousands of dollars in fines.

However, a new law has seemingly relaxed California’s tough policy against underage drinking. Last month, Governor Jerry Brown approved a new law which lets those 18 and older taste wine and beer under certain circumstances. The young adults must be tasting in the context of a wine or beer course, and they must spit alcohol out post-tasting. Now that the bill has been signed into law, California joins the ranks of 12 other states which allow similar underage tastings.

While this may not seem to affect most young adults in the Golden State, previously those who taught wine-making or beer-brewing courses were acting illegally if they let students take a sip. In addition, individuals between the ages of 18 and 20 were effectively committing misdemeanors if they were caught taking a sip or even a taste of an alcoholic beverage.

Courses in which students learn to make their own libations have gained popularity on college campuses in recent years. However, prior to approval of what legislators dubbed the “sip and spit” bill, professors were also essentially committing misdemeanors by letting some students taste their own creations.

Unfortunately, it doesn’t take much for someone under 21 to still be arrested for DUI in California. The state still has a “zero tolerance” policy towards underage drinking and driving; as a result, all one needs is a BAC level of .01 percent. This can be attained by a small amount of alcohol, such as four ounces of wine or just over one ounce of liquor.

Additional penalties for under-21 DUI convictions in California include confiscation of one’s vehicle, mandatory driving safety and alcohol classes, and curtailed college admissions chances. Depending on the circumstances of the case, a convicted offender could also experience jail time.

To learn more about your own underage DUI situation, contact Southern California DUI attorney Jonathan I. Kelman today at 310.286.1218.

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