California Underage DUI Laws

Oh, to be young again. Who doesn’t wish they could roll back the clock to the days of blissful youth, when the pressures of life were small and future opportunities were great? That is, right up until we remember how many stupid mistakes accompany the unlearned mind.

While some mistakes of youth are small, others loom large. Some of the most severe can be the repercussions of drinking and driving. These consequences extend beyond a potentially fatal car crash; receiving a DUI conviction if you are under the legal drinking age carries with it several penalties that can follow you for quite some time.

California’s Zero Tolerance Policy for Underage DUI

If you under 21 years old and driving in California, you are subject to California Vehicle Code Section 23136, which makes it a crime to drive with a blood-alcohol concentration of 0.01% or higher.¹ This means that if you have any measurable amount of alcohol in your system when you are driving, you could be charged with DUI.

California has “implied consent” laws for drivers under 21, meaning your consent to chemical tests to measure your BAC levels is implied. Refusing to submit to tests will result in an automatic suspension of your driver’s license for up to three years, in addition to whatever penalties you might receive if you are convicted of driving under the influence.²

Penalties for Violating California Underage DUI Laws

California underage DUI laws are very strict.

An underage DUI conviction comes with several potential penalties depending on the circumstances of your case. If you are charged with having a BAC of 0.01% or higher, you face a one-year suspension of your driver’s license.

Under California Vehicle Code Section 23140, if you had a BAC of 0.05% or higher, you could face a one-year license suspension, a $100 fine and be ordered to complete an alcohol education program.

If you had a BAC of 0.08% or higher, you could be charged with misdemeanor DUI under California Vehicle Code Section 23152. This is a standard DUI charge in California. If convicted, you face up to six months in county jail, fines of up to $1,000 and a one-year driver’s license suspension.

Along with these penalties, you could be charged with a number of other crimes such as minor in possession, soliciting alcohol or child endangerment.³ As a result of receiving a DUI, your insurance rates will become much more expensive, and a DUI conviction on your record can make it difficult to receive or maintain college scholarships and financial aid.

Call the DUI Defense Attorneys at Wallin & Klarich Today

If you have been arrested for DUI, you need to contact a skilled criminal defense attorney right away. At Wallin & Klarich, we have been successfully defending our clients facing underage DUI charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you too.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help no matter where you work or live.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.

<sup>1. [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23136]↩
2. [Id]↩
3. [http://dui.drivinglaws.org/resources/dui-and-dwi/dui-laws-state/california-underage-dui.htm]↩</sup>