California DUI Charges for Minors Under 21

Our Southern California underage DUI defense lawyers have local DUI law offices in Los Angeles, San Bernardino, Orange County, and in all surrounding areas to serve you.

California has a “zero tolerance” policy with respect to underage drinking and driving. Being under 21 and driving in California with a BAC of even 0.01% is illegal. Depending on the facts of your case, you may be charged with any or all of the following:

California Vehicle Code 23136 VC: California’s Zero Tolerance Law -- A Civil Offense

California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% - 0.07% -- An Infraction

California Vehicle Code 23152 VC: Driving Under the Influence -- A Misdemeanor

If after reading this article you have additional questions, please feel free to contact us.

California Vehicle Code 23136 VC: California’s Zero Tolerance Law -- A Civil Offense

Being under 21 and driving in California with a BAC of 0.01% or greater subjects you to penalties under California’s “zero tolerance” DUI law, a civil offense. If you have just one drink and then drive, you may be guilty of this offense.

Unlike a “typical” California DUI charge, it doesn't matter whether you are “under the influence” of alcohol. The only issue here is whether you consumed any measurable amount of alcohol prior to driving.

“Zero tolerance” means just that -- zero tolerance for having any alcohol in your system while driving. Even taking cough syrup with alcohol will subject you to prosecution under this section.

This law declares that if you’re under 21 and suspected of DUI, you are deemed to have consented to (1) a preliminary alcohol screening (PAS) test, or (2) any other blood, breath or urine test to determine your BAC.

• Penalties and Punishment for Violating California’s Zero Tolerance Law

If you submit to a chemical test and your BAC is 0.01% or greater, you face

• An automatic one-year driver’s license suspension, or
• A one-year delay of your driving privilege if you don’t yet have a California driver’s license.

If you refuse to submit to a chemical test, you face

• A one- to three-year suspension, depending on how many prior convictions you have under this California zero tolerance law.

Since this offense is civil and not criminal, the penalties are enforced by the California Department of Motor Vehicles. In order to fight your license suspension, you must request a California DMV hearing within ten days of your arrest. Even though this hearing takes place at the DMV, you have the right to be represented by a California “under 21 DUI” defense lawyer.

California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% - 0.07% -- An Infraction

If you’re under 21 and drive with a BAC of 0.05% - 0.07%, you face a misdemeanor charge under California Vehicle Code section 23140 VC. Punishment for this offense increases with each subsequent conviction. Because this offense is an infraction (not a misdemeanor or a felony), there is no jail or prison sentence.

• Punishment and Sentencing for California Vehicle Code 23140 VC
  • A first conviction carries a $100 penalty
  • A second conviction within a one-year period carries a $200 penalty, and
  • A third conviction within one year carries a $300 penalty.
• Additional Penalties for Being Under 21 and Having a BAC of 0.05% - 0.07%

  Unfortunately, if you’re guilty of this offense, you’re also guilty of violating California’s “zero tolerance” law. This means that in addition to paying one of the above fines for the infraction, you will

  • Additionally lose your California driver’s license for one-year,
  • Attend and complete a minimum three-month alcohol program before your license can be reinstated, and
  • Possibly be ordered to participate in a “Youthful Drunk Driving Visitation Program”. Participation in this program includes a visit to an E.R., the coroner’s office, or a chemical dependency recovery center to observe
    1. Victims of DUI accidents, or
    2. People in the terminal stages of alcoholism or drug abuse.
  • The judge will also order you to abstain
    1. From drinking any alcohol until you are 21, and
    2. From using any illegal drugs.

California Vehicle Code 23152 VC: Driving Under the Influence -- A Misdemeanor

Driving under the influence per California Vehicle Code 23152 VC is a misdemeanor. A California DUI applies to everyone, regardless of their age…even to those who are under 21.

If you’re under 21 and are (1) DUI and/or (2) driving with a BAC of 0.08% or greater, you may be guilty of California misdemeanor DUI. If you are convicted, you will also be convicted of and sentenced for the infraction and civil offenses outlined above.

• Penalties and Sentencing for California Misdemeanor DUI

Punishment for a first-time California DUI conviction varies. Penalties depend on (1) the facts of your case, and (2) your criminal history (particularly on your prior DUI history). The sentencing guidelines are as follows:

• Three to five years of informal probation,
• $390 to $1,000 in fines,
• Up to one year in a county jail,
• A mandatory court-approved alcohol class, and
• A six-month driver’s license suspension.

If you or a passenger who is also under 21 has alcohol in your car, you face an additional and separate misdemeanor conviction. The penalty for California “possession of alcohol in a car” includes:

• A one to thirty (1-30) day impound of your car,
• A minimum one-year license suspension,
• Up to six months in a county jail, and/or
• Up to $1,000 in fines.

It should additionally be noted that even an underage California DUI must be reported on college and employment applications under the criminal history section.

If you would like more information or to confidentially discuss you case, we invite you to contact us. We have local DUI law offices conveniently located in Ventura, Rancho Cucamonga, Van Nuys, and in all surrounding Southern California cities.

DUI and underage in Nevada?

"Nevada DUI under 21 law" is a little less strict than California law, but minors convicted of it there still face very harsh consequences. If your child received a DUI in Nevada, our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) are skilled at handling these cases so as to minimize any long-term fallout. Read more about this offense and how we can fight it at our information page on Nevada DUI under 21 law.

Additional Resources:

National Highway Traffic Safety Traffic Administration Article on Underage DUIs
- Publication discussing strategies to combat juvenile drunk driving.

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