Learn how California’s Zero Tolerance Law applies to drivers who are under 21.
Many people experiment with alcohol before they turn 21. In some ways, it’s a rite of passage for American youth. But drinking underage is still a crime — and so is driving under the influence after drinking alcohol.
California takes a hard line on drunk driving, particularly when it comes underage drinkers. If you are under the age of 21, there are several important differences in the law that (1) makes it more likely that you will violate the legal limit and (2) more likely that you’ll face harsh consequences.
The best course of action if you’re under 21 is to not consumer alcohol, or if you do drink, never drive. But if you are arrested for a DUI, contact an experienced San Bernardino DUI lawyer as soon as possible. Your attorney can analyze your case to come up with the best possible factual and legal defenses, and potentially negotiate a favorable deal for you.
California Law on Underage DUIs
In California, if you are under the age of 21, you are subject to the strict zero tolerance law. This means that the legal limit for blood alcohol content (BAC) for a person who is under 21 is .01 percent, as opposed to .08 percent for anyone over 21. It also means that you cannot refuse to take a roadside breathalyzer test, and that you may also be charged with additional crimes depending on how intoxicated you are.
One of the more challenging aspects of California’s zero tolerance DUI law is that if your blood alcohol content is elevated due to any substance — even medicine — you will be charged with a DUI. For most people, it doesn’t take much to raise your BAC to .01 percent. It could be as little as one beer or one mixed drink, or even less. The limit is so low that almost any consumption of alcohol can result in a DUI charge if you drive.
If you are stopped on suspicion of driving of under the influence when you are underage, you have also lost a significant right: the ability to refuse to take a roadside breathalyzer test. Normally, unless you are on DUI on probation, you can tell officers that you will not take a breathalyzer if you are 21 or older. But if you are under 21, you must take the test or face additional charges for refusing to submit to this test or later tests after you are arrested.
If your BAC is substantially over the limit for underage drivers, then you may also be charged with a regular (adult) DUI. This occurs when your BAC is .05 percent or higher. A conviction for a DUI could result in a license suspension for one year (first offense), a fine of up to $100, and mandatory DUI classes for three months or more if you’re over 18. An underage DUI will lead to a one year license suspension under the zero tolerance law.
Don’t take any chances if you have been charged with an underage DUI. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to learn how we can defend you against these charges. Attorney Dan E. Chambers has years of experience handling DUI cases, and knows how to negotiate favorable deals for his clients. Consultations are always free!
