Is it a DUI?

[plumber]

I have a question for the LEO crew and anybody else who might know. My son has a learner's permit and he will be getting his license to drive real soon. I know that I'm the qualified legal driver while he's driving with his permit. I assume that I'm not allowed to be legally intoxicated as the qualified driver and would be given a DUI if my son was pulled over driving while I'm in the passenger seat. Now assuming that's the case, is it the same after he receives his license? He's 16.

[Junkie]

once he has his license, you're just like any other passenger.


not sure about when he has his permit though...

[}Dragon{]

legally intoxicated

If it was "legally" intoxicated, it wouldn't be illegal, right? :laughing

If you had a few beers and took your kid around the block on his permit, just tell the cops that you drank because your kid scares the crap outta you when he drives. Have your son explain, well my Dad scares the shit outta me when he drives after a few beers. :rofl

[nicholonious]

Great question. I just had traffic week and my first DUI case last week.

If your son is younger than 18, then there are different chargeable vehicle code violations depending on the level of his intoxication.

1. If he's between a BAC of 0.01 and 0.04, then it's a citeable offense (infraction), VC 23136(a)
2. If he's between a BAC of 0.05 and 0.07, (by PAS machine, preliminary alcohol screen), then he'll get a citation on scene with a misdemeanor violation, VC 23140(a)
3. If he shows signs of driving under the influence, then he gets cited VC 23152(a), DUI, which applies to anyone of any age. If he has a BAC greater than 0.08, then we'll tow the car, take away the license, and it's a greater misdemeanor offense, VC 23152(b)

[Ramsay]

nicholonious i think he meant that HE is Drinking and His SON (The Driver) is not intoxicated at all. He is wondering if he could get in trouble for being intoxicated while he is serving as the "observer and teacher/guardian" while his son drives

[nicholonious]

It should be same if he has a license or if he has a learners permit...unless theres a VC that I'm missing that applies to provisional licenses.

Oops, didn't read the thing fully. Just came from a 14 hour shift. Why would you (OP) be drinking while your son is driving the car?

[}Dragon{]

Oops, didn't read the thing fully. Just came from a 14 hour shift. Why would you (OP) be drinking while your son is driving the car?

How else is he gonna get to and from the bar tonight legally w/o paying cab fare?:rofl


At least it's not an 11 y/o driving him around. :thumbup

[beaker]

I have a question for the LEO crew and anybody else who might know. My son has a learner's permit and he will be getting his license to drive real soon. I know that I'm the qualified legal driver while he's driving with his permit. I assume that I'm not allowed to be legally intoxicated as the qualified driver and would be given a DUI if my son was pulled over driving while I'm in the passenger seat. Now assuming that's the case, is it the same after he receives his license? He's 16.

--
Learners permit:

12509. (d) Except as provided in Section 12814.6, a person, while having in his or her immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), may operate a motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California licensed driver with a valid license of the appropriate class, 18 years of age or over whose driving privilege is not on probation. Except as provided in subdivision (e), an accompanying licensed driver at all times shall occupy a position within the driver's compartment that would enable the accompanying licensed driver to assist the person in controlling the vehicle as may be necessary to avoid a collision and to provide immediate guidance in the safe operation of the vehicle.

--
Provisional License for Minors Restrictions:

12814.6 Except as provided in Section 12814.7, the provisional driver's license shall be subject to all of the following restrictions:

(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor::

(A) Drive between the hours of 11 p.m. and 5 a.m.

(B) Transport passengers who are under 20 years of age.

(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:

(3) A licensee may drive between the hours of 12 midnight and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee's parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:

(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.

(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed.

(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.

(D) Necessity of the licensee or the licensee's immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee's immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased.

(E) The licensee is an emancipated minor.

--

[motorman4life]

Why would you (OP) be drinking while your son is driving the car?Obviously you have never seen his kid drive!!! :rofl


In the past, I have prosecuted a "ground guide" (someone directing a driver) for DUI, but that was not in CA, it was in Germany and it was under UCMJ law.

I would think that if you INTERFERED with his safe operation, you could easily be cited for that. Othewise, if I stopped him and you were the only passenger over 25 and you were drunk. I'd have him park the car and call you guys a cab or have a RESPONSIBLE (and sober) adult come to pick you both up.

[plumber]

Thanks for the replies people. It was just a question. I don't plan on having him drive me from bar to bar.:teeth

[pshelton]

Thanks for the replies people. It was just a question. I don't plan on having him drive me from bar to bar.:teeth

So no pub crawl? Just from the bar to home?

[CaN Opener]

bump
Driving Teacher Charged With DUI

Essex District Attorney's Office said Daniel Winsky, 52, of Salem, was under the influence of liquor while teaching two students to drive on Dec. 26, 200

http://www.thebostonchannel.com/news/15513835/detail.html

[serazin]

Gee, being hosed while instructing a learner seems to defeat the whole purpose doesn't it?

[Triple R]

If you had a few beers and took your kid around the block on his permit, just tell the cops that you drank because your kid scares the crap outta you when he drives. Have your son explain, well my Dad scares the shit outta me when he drives after a few beers. :rofl

:laughing:rofl:thumbup