Underage DUIs are handled slightly differently than your average DUI case.
Getting caught drinking and driving is a serious matter for anyone, but especially if you are under 21. Here’s what you need to know about the special laws and penalties that apply to underage DUI in California.
Zero Tolerance Policy
While individuals 21 and over may legally drive even with some amount of alcohol in their system, there is no legal BAC limit for underage drivers. If you have any amount of detectable alcohol in your system at all, you may be charged with a DUI even if your driving, balance, reflexes, etc. are not impaired in any way.
Mandatory License Suspension
If you are convicted of an underage DUI, you will automatically be penalized with a mandatory one-year drivers license suspension. Again, this can happen even if you are not actually impaired. If you do have a high BAC, you may also face additional penalties such as
- Fines of $100 or more
- Mandatory DUI school
- 3 to 5 years of DUI probation
- Jail time
Depending on the county where your conviction occurs, you may also have to have an interlock ignition device installed on your car.
Multiple Charges May Apply
Several different Vehicle Code sections govern underage DUI, and you will most likely be charged under all of them that apply to your case. For example, if you drive while falling down drunk with an alcohol container in the car, you could be charged with all of the following:
- Vehicle Code 23136 – underage driving with a BAC of .01% or greater (Zero Tolerance law)
- Vehicle Code 23140 -underage driving with a BAC of .05% or greater
- Vehicle Code 23152a – driving (at any age) while actually impaired by alcohol and/or drugs
- Vehicle Code 23152b – driving(at any age) with a BAC of .08% or greater
- Vehicle Code 23224 – possession of alcohol in a vehicle by a person under 21
The good news is that even if you are convicted under multiple sections of the Vehicle Code, you will only have one DUI conviction on your record. The exception is a conviction on the alcohol possession charge, which will always be separate.
How to Fight a DUI Charge
Many of the same DUI defense strategies that apply to adult DUI cases also apply to underage DUI cases. One exception is the argument that the alcohol detected on your breath came from a source like mouthwash or medicine. This is not effective for fighting charges under the Zero Tolerance law because this law does not distinguish between different sources of alcohol.
The best thing you can do if stopped for a DUI is to submit to the breathalyzer test but politely refuse to perform any field sobriety tests. These tests would only serve to confirm that you are actually impaired by alcohol and provide justification for an additional DUI charge beyond the Zero Tolerance charge.
You should contact a skilled DUI defense attorney like Dan E. Chambers at the earliest opportunity for help fighting your criminal charges and your drivers license suspension. Remember, breathalyzer test results can be successfully contested so don’t give up just because you failed a breathalyzer.
