San Diego Underage DUI Defense Attorney
California Underage DUI
If a person under the age of 21 is arrested for DUI / drunk driving in California, they face the possibility of three separate DUI penalties:
I. The DUI Zero-Tolerance Law: A One Year License SuspensionCalifornia Vehicle Code 23136 makes it illegal for a minor, juvenile or person under 21 years of age to drive a vehicle with a blood alcohol concentration (BAC) of .01 or greater.
If it is determined that the underage driver has a BAC of .01 or greater, the officer will confiscate their drivers license. The minor will then be entitled to a DMV hearing as to whether the evidence confirms their BAC was at least .01 while driving.
If the minor loses their DMV hearing, their California drivers license will be suspended for one year. If the minor wins the DMV hearing, no driver’s license suspension will be imposed.
The underage person arrested for DUI / drunk driving has the right to be represented by a DUI defense attorney at the DMV hearing. They also have the right to testify, call witnesses, and cross-examine the state’s witnesses.
II. Infraction For Drivers Under 21 With a BAC of .05 or HigherCalifornia Vehicle Code 23140 states it is an infraction for a minor, a juvenile or a person under 21 to drive a vehicle with a BAC of .05 or higher.
If a minor is convicted of this section as well as the standard adult DUI charge (driving under the influence or driving with a BAC of .08 or more), the court may require them to attend an alcohol education/rehabilitation program for young offenders.
III. The Standard California DUI ChargesIf the underage driver appears to be under the influence, or a breath or blood test determines a BAC of .08 or higher, they will likely be charged with an adult misdemeanor crime of DUI.
If convicted, the court will impose the same DUI / drunk driving penalties that it does on an adult: probation, fines, an alcohol program, a driving restriction, and possibly jail time and/or community service. However, these penalties come in addition to the two mentioned above: the .05 BAC alcohol rehabilitation program and the zero tolerance one-year license suspension.