California law is harsh on anyone who drives under the influence while under 21. Learn more about how an Upland DUI attorney can help defend you against these charges.
Drinking and driving is a serious offense that can result in jail time, mandatory alcohol classes, penalties and license suspension. But if you’re caught drinking and driving when you’re under the legal drinking age, be prepared to pay a heavy price. California has a zero tolerance policy for anyone who drinks and drives while under age 21 — and the penalties for getting caught with an underage DUI prove how strict these laws truly are.
Zero Tolerance DUI Law
California lawmakers take the issue of drinking and driving very seriously — particularly if the driver is under 21. The legal limit for adult drivers is .08% blood alcohol content (BAC)> But if you are under the age of 21 and have a BAC of .01% or higher, you can be charged with a violation of this law. This is true whether the intoxication comes from alcohol or another source, such as medication containing alcohol. While a violation of this law is not a crime, it can still result in a one year suspension of your driver’s license. An experienced Upland DUI attorney can request a hearing to challenge this license suspension, or to request a restricted hardship license to allow you to drive in limited circumstances (to work or school, for example, if no other transportation is available).
Underage DUI
If you are under age 21 and are caught driving with a BAC of .05% or higher, the potential penalties increase significantly. In addition to a one year suspension of your driver’s license (for a first offense), you will be subject to a fine of $100 and three months or more of mandatory alcohol education classes if you are 18 or older. Again, a knowledgeable DUI attorney can challenge the basis for an underage DUI offense, along with the consequences.
Standard DUI
Regardless of how old you are, if you drive in California with a BAC of .08% or higher, you may be charged with a misdemeanor offense. The consequences for a first-time standard or adult DUI offense are much higher than those for an underage or zero tolerance DUI charge. A standard DUI is a criminal offense, and could result in jail time, probation, a fine of up to $1,000, and mandatory alcohol education classes. In addition, your license will be suspended by the DMV for a period of one year. Due to the seriousness of these charges, it is recommended that you retain a skilled Upland DUI attorney to defend you against a standard DUI charge.
Possession of Alcohol in a Vehicle
Finally, even if you are not drinking alcohol, you may be subject to criminal charges. If you are under 21 and carrying an open container of alcohol in your vehicle, you could face a one year suspension of your driver’s license, a fine of up to $1,000 and vehicle impoundment for up to 30 days. The only exception on the prohibition on minors carrying alcohol in their vehicles is if the container is full, sealed and unopened AND the minor is accompanied by a parent or other specified adult, getting rid of the alcohol because that adult told them to do so, or they are carrying it as part of their job working for someone with a valid liquor license.
If you are under 21 and caught drinking and driving or with alcohol in your vehicle, you could be subject to multiple charges under these laws. For example, if you have a BAC of .08% and have an open container in the car, you could be charged with a Zero Tolerance DUI, an Underage DUI, a Standard DUI and Possession of Alcohol. However, if convicted on these charges, it will only count as one DUI offense.
The increased penalties and potential for multiple charges for the same offense make it incredibly important that anyone caught drinking and driving underage contact an experienced Upland DUI attorney immediately. At the Chambers Law Firm, we work hard to defend the legal rights of anyone caught in an underage DUI case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation!
