When a person under the age of 21 is involved in a DUI accident, it's crucial to secure legal representation immediately. The case will likely be referred to juvenile court if the individual is under 18.
If the individual is over 18, they will be tried in adult court. If the accident resulted in vehicle damage or injury, parents often fear they will be financially responsible for their minor child's actions.
The issue often revolves around whether the parents negligently allowed a minor to use a vehicle, and that minor then caused an accident due to alcohol consumption. In such cases, the parents may bear some responsibility.
Suppose the minor is under 18 in juvenile court. In that case, the juvenile authorities will make the parents pay the restitution even if the minor doesn't have the money if the person is an adult, which starts to become a little more tricky.
The criminal courts can't make the parents pay restitution. They'll order the person under the age of 21 who was in the DUI accident to pay any refund.
Because that person is an adult, parents can't shoulder criminal restitution for their children, even though most parents do if they can afford it to try to help their child out.
Civil Judgment for Damages
Civilly, though, there are occasions when an adult allows their child to have a car, even though that car is 18 years or older, and they will enable that child to have access to alcohol.
That could cause the parent to be liable to someone in a civil case. It has to do with what's characterized as negligent entrustment of a vehicle. If a reasonable attorney can mount an argument that the parent is responsible, they will not only sue the child, they'll sue the parent as well.
That's why we have insurance. Hopefully, if your child does get in an accident and you are insured, the insurance company will cover it and protect you from any responsibility to any third parties who might have been involved in an accident. However, it's important to note that insurance may not cover all costs, especially if the accident was caused by underage drinking.
Criminal DUI with Accident Case
Of course, that does not deal with the criminal case. Not only will the minor be responsible for any injuries and the out-of-pocket money that any victims have to shoulder, but the prosecutors will also obviously look to punish the minor for getting in an accident and being under the influence.
Most of the deaths on the road in California are caused by underage drivers drinking alcohol. People can be killed, so obviously, you want to get a criminal defense attorney right away to handle the criminal aspect of the case for your child.
Do damage control so that the child will eventually be able to drive again because typically, for a DUI as a minor, you're going to lose your license for a year. The child can apply for a hardship license, but that is very difficult to get and, in fact, almost impossible to get. So, assume your child will lose their driver's license for at least a year.
They're also looking at criminal punishment, which can include fines, jail time, and probation. They're going to be ordered to pay restitution if they were involved in an accident that is DUI-related. So, your best bet is to get an attorney right away. Let that attorney review everything. You and your child should meet with the attorney. Give the attorney all the information related to the case. Be honest. Be straightforward so the attorney can best help you with the underage DUI accident matter.
