What Happens If You Get a DUI Under Age 21 in California?

In California, special laws apply to underage drinking and driving. The crime and the penalties depend not just on the driver’s age, but also on their blood alcohol concentration (BAC). A conviction can also lead to the loss of driving privileges.

This article explains how California’s DUI laws apply to drivers under 21. It also addresses the penalties for the crime. Finally, it explains how a Marin County DUI defense attorney can help you or your family.

Why Are California DUI Laws for People Under 21 So Harsh? 

In California, it is illegal for people under 21 to buy or consume alcohol. When these people drink and drive, they are not only violating DUI laws, but they are also violating the laws on underage drinking. As such, California law punishes DUIs by those under age 21 differently than those for older drivers. California’s BAC limit for adults over 21 is 0.08%, but drivers under 21 can be punished for DUI with a BAC as low as 0.01%. 

Which California DUI Laws Apply to People Under 21? 

There isn’t just one “under 21 DUI” law. At least three California laws apply to underage DUIs: Vehicle Code § 23136, Vehicle Code § 23140, Vehicle Code § 23152. 

Vehicle Code § 23136. This is California’s “zero tolerance” DUI law for underage drinkers. This law applies to any driver under age 21 with a BAC of 0.01% or more. These cases are typically handled by the California Department of Motor Vehicles (DMV) rather than the criminal courts. The DMV can suspend the driver’s license for up to a year. However, if the incident involved a refusal to submit to breath or chemical testing, the DMV can revoke the license for up to three years. 

Vehicle Code § 23140. This law applies when a driver under 21 has a BAC equal to or more than 0.05%. Violating this law can lead to many penalties, including a $100 fine for the first offense, a $200 fine for another violation within the same year, and a $300 fine for three or more infractions in the same year. Additionally, drivers 18 and over must enroll in a qualified DUI education program. These drivers also face the possibility of losing their driving privileges. 

Vehicle Code § 23152. You might be surprised to learn that a person under 21 whose BAC is at or above the legal limit for drivers over 21 (0.08%) can face standard DUI charges. They will not receive any special treatment for being younger. 

What Factors Can Make an Underage DUI Case More Serious?

Prosecutors can use certain factors to convince judges to impose the highest sentence possible. These factors can also be used to argue that a crime that can be charged as either a misdemeanor or a felony (“a wobbler”) should be treated as a felony. In DUI cases, factors such as an especially high BAC (over 0.15%) or a refusal to submit to chemical tests often lead to arguments for increased penalties. Other factors that often lead to stricter outcomes include: 

• Driving unsafely 
• Driving while under the influence of both alcohol and drugs (either prescription drugs or street drugs)
• Causing an accident, especially one that results in injuries 
• Driving with an open container
• Proof that a fake ID was used to obtain the alcohol 
• Prior DUI history

Can a Driver Under 21 Get a Restricted License After a DUI?

Maybe. However, what happens will depend on several factors, including which of the DUI charges you are facing. 

The California DMV generally offers two types of restricted licenses. One requires that the driver get an approved ignition-interlock device (IID) and attach it to their vehicle. This license allows the driver to go anywhere if the IID system doesn’t alert. The second is a “critical need restriction.” A person with this restriction can only drive to work, school, and doctors’ appointments. It does not allow for errands or transporting parents or siblings.

In nearly all circumstances, drivers under 21 are only allowed to apply for the critical need restriction license. To get this license, you’ll have to prove hardship. This usually requires proof of a family illness or another reason you need to drive. Also, before you can get this license, you’ll have to serve a suspension of at least 30 days. 

Can I Fight an Underage DUI Charge in California?

Absolutely. An experienced Marin County DUI defense attorney can help you raise several defenses to a DUI case, including: 

• Challenging the stop itself. Officers must follow specific guidelines before stopping a vehicle. If your attorney can convince the court that the officers didn’t comply, they may be able to get the evidence thrown out. 

• Challenging the test. Certain field sobriety tests are more reliable than others. Your defense attorney may be able to argue that the test you were given was unreliable. 

• Challenging the equipment. Breathalyzers and other gadgets must be calibrated regularly and properly maintained. If the police department used faulty equipment, it may have led to faulty results. 

Frequently Asked Questions About Underage DUI in California 

Does an underage DUI affect car insurance?

Yes. A DUI conviction can increase your insurance costs by 75 percent or more. 

Can a college student face discipline for off-campus DUIs?

It’s possible. Some colleges and universities’ conduct codes extend to off-campus conduct. It’s best to discuss any concerns with your attorney first.  

Can parents attend court or DMV hearings with their child?

Generally, yes. Most courtrooms, with the exception of juvenile court, are open to the public. 

Will an underage DUI conviction show up on a background check?

If it is in adult court, yes. (Separate rules apply to juvenile cases.) If you are concerned, a Marin County defense attorney can help you clear your record. 

How Can a Marin County DUI Lawyer Help with an Underage DUI? 

A DUI is a serious charge, and it is even more serious for drivers under 21. But an experienced Marin County DUI lawyer can help you and your family by: 

• Arguing on the young driver’s behalf at the DMV
• Reviewing police reports and test results
• Hiring experts
• Challenging the facts that led to the stop or arrest
• Questioning the officers’ testing methods 
• Seeking dismissal or reduction of charges 
• Helping the driver secure a restricted license 

If you or your loved one needs help fighting an underage DUI charge, contact Brownstein Law Group. We fight hard for every client, and we have years of experience helping clients with DUI charges. Call us today at 415-795-9059 or use our online contact form to schedule your visit.