What happenes to minor charged with a DUI and reckless driving? 42 Answers as of October 24, 2011

DUI convictions stay on a person's record for a very long time. Further, as misdemeanors, sentences may include up to 93 days in jail, probation up to two years, restrictions and/or suspension or revocation of a person's license privileges, fines, costs, community service, or other sanctions at the discretion of the court. Spending money or requesting a court-appointed attorney is a good investment given the potential costs for a conviction.

She is a minor and will be charged in juvenile court. She will loose her driver's license and be subject to the many of the same penalites as if she were an adult. It is likely that she will no longer be able to be insured on your car insurance.

If your daughter's BAC is over .20 she will not be able to enter the diversion program and will face DUI and Reckless Driving charges in court. If your daughter does not have any prior DUI charges the prosecutor will in all likilhood offer he a please the the DUI, dismiss the Reckless driving charge and require her to attend alcohol education classes. The judge will set any fine and might give her a suspended jail sentence and place her on probation.

Thank you for your inquiry Much will depend on what happened in the case. However, an educated guess is that the Reckless Driving would be dropped in exchange for a pea to the drinking offense. However, if the offense is reckless causing serious injury or death, then that is a different matter. This offense would be a 15-year felony, which is far more serious than the drinking offense. You should hire an attorney to review the specific facts and then get a better idea on what will happen in your case. Should you need assistance, you may contact this office for an appointment.

She is being tried as an adult in NY. You will either hire an attorney for her or have one appointed if you cannot afford one . The lawyer will challenge the legality and the quality of evidence against her while trying to work out the best deal possible. She will either accept the deal or go to trial and face a possible jail sentence. Her charge may be reduced to a traffic infraction that will not leave her a permanent criminal record depending on many factors: The blood alcohol level, any accident? injury? driving history, the allegations of reckless driving, prior criminal past, performance on the coordination test/video, the accuracy of the officer's paperwork, legality of the stop, and the county where it occurred. A judge may sentence her to youthful offender treatment because of her age.

I would think the Court would tend to be rather severe. She may be looking at some jail time combined with extensive probation, long term suspension of her driver's license, as well as vrious substance abuse programs.

Because your daughter was involved in a car accident while DUI of alcohol, she will probably be charged with a felony rather than misdemeanor DUI. If there is an injury to any person, then your daughter may be charged with "Felony DUI with injury" and if convicted, she will face 2- 4 years in the Cal. State Prison (additional and consecutive sentence if the victim suffers great bodily injury); a "strike" on her record; fines between $1015 to $5000; Habitual Traffic Offender status for 3 years and revocation of her Cal. Driver's License for a period of 5 years. If, however, she is convicted of a Misdemeanor DUI with injury, her possible sentence will be 3-5 years of summary/ informal probation, 5 days to 1 year a county jail; fines between $390 to $5000; suspension of her Cal. Driver's License for a period of 1-3 years and DUI school. If no injury is involved, then the prosecutor may ask for lighter sentece. You need to contact a criminal defense attorney for more details.

She could be charged as an adult, but it is highly unlikely that will happen, but she could be petitioned to juvenile court, where she could be detained in a facility. I would advise retaining counsel immediately to consult with her and represent her in court on this matter. What is a 16 year old drinking so much, you should have kept a closer eye on her.

Penalties for a DUI: Prior criminal history has no bearing. A DUI is punishable what is classified as a gross misdemeanor, punishable by up to a YEAR IN JAIL AND A $5,000.00 FINE. There is a mandatory minimum jail time of at least 1 day, possibly more depending upon the facts of the case (even for a 1st time offense, if found guilty). If you plead guilty, the judge will sentence you to the maximum jail time and fine, but then suspend all jail time and fines, except for the mandatory minimum, which would be 1 day in jail and about $1200.00 in fines and costs. The balance of the jail time and fines would be suspended for a 5 year period of time (probation) condition upon no future law violations and that you comply fully with court mandates, including but not necessarily limited to having an alcohol/drug evaluation and follow any recommended treatment (which could be as much as a 2 year treatment program, for which you would be responsible for the costs of treatment). The court may impose other requirements as well. In addition thereto, you will loose your license for at least 90 days (however you may be eligible for an occupational permit after a 30 day suspension). Depending upon the level of the breath test, the judge might require an interlock to me installed on your car after the suspension. This is a device in which you will be required to blow into every time before you start your car. If there is any alcohol present in your system, the car will not start. Add to this is the issue of insurance. With a DUI conviction, your insurance company may well require high risk insurance (commonly referred to as SR22). This insurance can be expensive (about 150% of regular premiums). Bottom line: there is a lot at stake -even for a first time DUI. Consult with and, preferably retain legal counsel. In addition, a conviction carries with it some other far reaching ramifications. A conviction could disqualify your daughter from admissions to certain colleges, as well as disqualify her from scholarships, educational loans and grants. Because of the accident your daughter could also be charged with additional penalties, especially if she left the scene Your daughter can also be sued civilly if she caused injuries to someone in the car that she struck. This is a VERY serious situation. Your daughter needs to have an attorney.

Your daughter will go to juvenile court. It is required that a parent come to the juvenile hearing with her. If her blood alcohol level is high she will be charged with the following vehicle code violations. California Vehicle Code 23136 VC (Californias zero tolerance Law a civil offense), California Vehicle Code 23140 VC under 21 DUI with a BAC of 0.05% - 0.07% (an infraction), California Vehicle Code 23152 VC: Driving under the Influence (a misdemeanor). If found guilty your daughter will be facing; An automatic two-year drivers license suspension or a one-year delay of your driving privilege if you dont yet have a California drivers license. A $390 to $1,000 penalty (with fines and court costs this could be as high as $2,000. Attend and complete a minimum three-month alcohol program before your license can be reinstated, and be ordered to participate in a Youthful Drunk Driving Visitation Program. The judge will also order you to abstain from drinking any alcohol until you are 21, and from using any illegal drugs. She is also open to the following; Three to five years of informal probation, Up to one year in a juvenile hall.