Shameless actor Ethan Cutkosky was arrested by police in Los Angeles last Wednesday on suspicion of driving under the influence.
However, according to Burbank Police Sgt. John Pfrommer, Cutkosky’s blood-alcohol tests are still pending. Los Angeles County Sheriff’s Department records do show that Cutkosky was released early Thursday morning on $5,000 bail.
Cutkosky has a had a few small movie roles but he is best known for playing Carl, the third son of William H. Macy’s character, Frank Gallagher, on the Showtime series Shameless.
DUI’s in California:
Like many states in the U.S., the state of California’s DUI laws prohibit a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. However, repeat offenders may not drive with a BAC of .01 or greater.
To be clear, since Cutkosy is only 18-years-old he is not allowed to have any alcohol in his system. California has a “zero tolerance” law on underage drinking and driving called Vehicle Code 23136.
Under Vehicle Code 23136 it “is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or another chemical test, to drive a vehicle.”
However, in the state of California, violation of Vehicle Code 23136 is not a crime. It is a civil offense. The only penalty for violating California’s “zero tolerance” under-21 DUI law is suspension or revocation of your driver’s license for one year.
In addition, under-21 drivers in California can be charged with standard “adult” DUI depending on the situation. If Cutkosky’s tests come back and reveal that his blood alcohol level was above the legal limit of .08, he could be charged with adult DUI.
If Cutkosky is convicted of a standard DUI he will recieve 3 to 5 years of misdemeanor probation, $390-$1000 in fines, he will have to attend a mandatory alcohol education program and could possibly serve up to 6 months in county jail.