Can I Be Convicted of Both a DUI and an Underage DUI?

California has enacted a zero-tolerance law for underage DUI. Generally, a person cannot be convicted of more than one DUI offense stemming from the same traffic stop. However, underage DUI is an exception to the usual practice because the zero-tolerance law is a civil offense and not a crime.

Underage DUI Does Not Require Impairment

If you are under 21 years old and driving in California, you can be charged with DUI for any detectable amount of alcohol in your system. To be convicted of an underage DUI, a prosecutor must prove that you were driving with a blood alcohol concentration (BAC) of 0.01% or higher.

A BAC of 0.01% or greater can result from consuming even small quantities of alcohol. In fact, with the threshold for a conviction so low, you could even face a DUI charge for properly taking cough syrup or cold medicine.

Preliminary Alcohol Screening Can Prove Underage DUI

Underage DUI charges differ from standard DUI offenses in two significant ways:

• If you are under the age of 21 and stopped on suspicion of a DUI, you do not have the right to refuse a preliminary alcohol screening (PAS) without punishment.
• The side-of-the-road PAS test, or breathalyzer, can be used as evidence of intoxication in court.

For standard DUI charges, only a post-arrest blood or breath test can be admitted as evidence.

With the underage legal limit set at a BAC of 0.01%, the PAS test only needs to register trace amounts of alcohol on your breath. Additionally, refusing to consent to the PAS test automatically leads to your driver’s license being suspended by the DMV for a year.

Underage DUI With a BAC of 0.05% or Higher

In addition to the zero-tolerance law, California law also criminalizes minors driving with a BAC of 0.05% or greater. Unlike violations of the zero-tolerance statute, underage DUI with a BAC of 0.05% or higher is a criminal offense.

Law enforcement cannot use the PAS test to prove your BAC for this offense, as they can for a zero-tolerance violation. Instead, they will be required to introduce evidence from a post-arrest chemical blood or breath test.

You Can Be Convicted of Both DUI and Underage DUI

California law creates two categories of standard DUI:

• Driving under the influence of alcohol
• Driving with a BAC of 0.08% or greater

Though these are two separate statutory crimes, an adult cannot be convicted of both for the same traffic stop. Typically, if there is a post-arrest chemical test result with a BAC above 0.08%, the prosecutor will charge an adult with driving with a BAC of 0.08% or greater. If not, the charge of driving under the influence is available and can be proven through circumstantial evidence.

However, zero-tolerance DUI offenses are an exception to the general rule. If your BAC is high enough, or you are actually impaired by alcohol when you drive, you may be convicted of both a zero-tolerance underage offense and another California DUI crime.

Contacting a skilled criminal defense attorney immediately after a DUI stop is crucial, as you only have 10 days to request a DMV hearing or risk losing your license. An attorney can also advocate for you to receive a restricted hardship license instead of a suspension.

If you have been charged with an underage DUI offense in Westminster, California, The Chambers Law Firm can fight for your driving privileges. Contact us at 714-760-4088 or info@orangecountyduifirm.com to request a free consultation with a member of our experienced DUI defense team.