The Los Angeles DUI Law Blog

Miss Teen Arizona 2010 Tori Vance Arrested for Underage DUI

Miss Teen USA's Arizona champion, Tori Vance, 18, was arrested last Saturday for driving under the influence, reports TMZ. She was stopped in Hollywood for pulling an illegal U-turn a little after 9 p.m.

The officer allegedly detected signs of intoxication, so he had her get out and attempt a field sobriety test. After she failed, she was arrested for misdemeanor DUI and taken to the station.

TMZ reports that she registered a BAC of just over 0.08 and refers to that amount as the legal limit in California. They seem to be confused again ... the legal limit in California is 0.01 for minors.

Tori Vance

Image courtesy of PageantUpdate.info. Though doing well here in platforms, Vance was reportedly unable to walk a straight line during her sobriety test.

California has a Zero Tolerance policy towards underage drinking and driving. An alcohol reading of 0.01 or higher would have resulted in a license suspension of one year. However, she would be eligible for a critical need license after one year, if she can show that a critical need exists and no other transportation is adequate.

Had her BAC been between 0.05 and 0.07, she would have been guilty of an infraction, which only carries a penalty of $100 for a first conviction, in addition to the above DMV penalties.

However, with a 0.08 BAC, she will likely face the standard DUI rap, which is a misdemeanor. The penalty is three to five years of probation, a fine of up to $1,000, up to one year in county jail, an alcohol education class, and a court-ordered license suspension.

Note that actual jail time is unlikely for first time offenders with borderline BACs. In fact, on the misdemeanor criminal offense, she could end up with a wet reckless plea bargain, which results in no jail, plus less probation and fines. Those with a borderline BAC and no aggravating circumstances, such as an accident or weaving across traffic, are much more likely to get the deal.

No matter what happens with the criminal charge, however, she will still face the DMV's wrath in the form of a "zero tolerance" one year license suspension.

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