Roseville, CA DUI Law Firms & Lawyers

Yes. You can be charged based upon the other prong of the DUI statute and that is your ability to operate a motor vehicle has been affected to an appreciable degree by your consumption of alcohol and/or drugs.

Your question seems to have conflicting information on it. Not sure if you were convicted of a DUI, or a lesser version of a VC 23152 statute under the zero tolerance law. An administrative DUI...do you mean there was no court matter, but only DMV action taken against you? That would make sense in a .02 BAC case, but if there was only DMV action, there would not be probation, community service, etc. Regardless, your under 18 DUI, even if it was a VC 23152 conviction, should not be priorable against you in your current DUI charge, as you were a minor when under 18. So your current DUI, based on what you wrote, should be charged as a first offense. If it is not, your attorney needs to get that corrected before you suffer worse consequences than you should. Keep in mind that the DMV can consider under 18 DUI's when suspending your license.

It can be charged as a misdemeanor with up to a year in jail, plus fines and penalties. However, effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.