Is an Underage DUI the same as being charged as an adult in California?

Minors under 21 just don’t have the same rights under the law as adults. The rules are different, and the consequences can be even more serious. If you are convicted of an underage DUI, you can lose your license, maybe even your car, and you’ll have to report it on college and job applications, just like an adult.

Just one beer could make you lose your license

Is an Underage DUI the same as being charged as an adult in California?If you are under 21, you obviously know you can’t buy alcohol. But did you know you could lose your car just for having alcohol in your car? It doesn’t matter if it belonged to you or one of your friends. Unless you had a parent with you, your car could be impounded for 30 days. And did you know that drinking just one beer before you get behind the wheel means that you could lose your license for a year?

That’s right – all it takes is a single beer. California’s Zero Tolerance Law makes it illegal for a driver under 21 to have ANY alcohol in their system. Even a blood alcohol concentration (BAC) of just 0.01% will get you in serious trouble. By contrast, a driver over 21 won’t be convicted of a DUI unless their BAC is 0.08%!

While an adult’s first DUI offense might only get their license suspended for four months, if you are under 21, you will lose your license for a whole year. If you’re under 21 and facing a DUI, contact Dan Chambers of the Chambers Law Firm now to schedule your free initial consultation.

Penalties for Underage DUI

It’s common sense – the more alcohol in your system, the more serious the offense, and the greater the penalty. And the more times you get pulled over, the more serious it gets.

The Zero Tolerance Law – One year license suspension

Thanks to the Zero Tolerance Law, if you are under 21 when you were detained or arrested for DUI, your license will be automatically suspended for a year if:

  • You refuse to take or fail to complete a Preliminary Alcohol Screening (PAS) test or a chemical test (blood or breath test), or
  • You are tested and your Blood Alcohol Concentration (BAC) level is 0.01% or more.

If you don’t have your driver’s license yet, you’ll have to wait an additional year after you would normally be eligible. If you refuse to take a test and have prior DUI convictions, your license could be suspended for three years.

Underage DUI charges

If your BAC level is between 0.05% – 0.07%, not only will your license be suspended for a year, you will be fined $100. If you are over 18, you will also be required to attend a three-month long DUI educational program. The only good news is that because this is an infraction rather than a misdemeanor, you will not face jail time.

Adult DUI charges

If your BAC level is 0.08% or higher, you can be charged with a misdemeanor DUI, just like an adult would be. On top of any penalties you receive from the lesser convictions described above, you might have to spend up to a year in county jail, pay up to $1000 in fines, attend nine months of DUI classes, and be on probation for up to five years!

In addition to fines and criminal charges, DUI convictions will stay on your driving record for 13 years, which will raise your car insurance premiums. Not only that, but any employer that requests your driver’s license record will see it, too.

Are you ready to have the best California defense attorney by your side to fight your DUI charges? Contact Dan Chambers today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.

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