If you’re not 21, think twice about mixing alcohol and cars — in any way!
Drinking and driving is rarely (if ever) a good idea. But if you’re under 21, increased penalties and lower limits mean that a DUI can have a seriously negative impact on your life.
California makes it a crime to drink and drive while underage in two separate ways. First, the zero tolerance law makes it illegal to drive with a blood alcohol content (BAC) of .01% or greater. If you violate this law, your license could be suspended for a year. Second, if an underage driver operates a vehicle with a BAC of .05% or greater, he could be charged with a DUI (in contrast the legal limit for a driver who is over 21 is .08%). This could result in a one year driver’s license suspension, mandatory DUI school and fines. Underage drivers could also be charged with a regular (adult) DUI, or with possession of alcohol in a vehicle.
Zero Tolerance
California takes a tough stance on underage drinking and driving with its zero tolerance law. It has two elements: that you’re under 21 and you drive with a BAC of .01% or higher. Under this law, it doesn’t even matter if your BAC is caused by alcohol — any substance, such as medicine, could cause a violation under this law if it raises your BAC to .01% or higher. While this violation is not a crime, it does result in a serious penalty — a license suspension for a period of one year. That is why if you have been charged under the zero tolerance law, you should immediately contact an Upland DUI attorney to review your options for challenging this violation to preserve your ability to drive or obtain a restricted license.
If you’re under 21, you are required to submit to a pre-arrest preliminary alcohol screening. This usually occurs on the side of the road, via breathalyzer test. A breathalyzer measures the alcohol in your breath, and then converts it to a blood alcohol level. If you refuse to take this test, you can be subject to an automatic license suspension.
Underage DUI
If you’re under 21, then you can be charged with a DUI with a much lower blood alcohol content than if you’re 21 or older. If you are found to be driving with a BAC of .05% or higher, you are guilty of underage DUI. This 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.
As with the zero tolerance law, you will be required to submit to a breathalyzer test before being arrested and a post-arrest chemical breath, blood or urine test. If you refuse to take either of these tests, you will be subject to additional penalties, like an automatic license suspension and enhanced sentencing. An experienced Upland DUI attorney can often challenge an underage DUI charge, based on the specific facts of your case.
Other Underage DUI Charges
In addition to being charged with a violation of the zero tolerance or underage DUI laws, California drivers who are under 21 can be charged with a regular DUI if their BAC is .08% or higher, or with transporting alcohol.
Like with over-21 drivers, underage drivers can be charged with DUI if their driving is impaired due to alcohol or drugs, and their BAC is .08% or higher. This crime carries serious consequences, including potential jail time, fines, DUI classes, probation and a driver’s license suspension.
If you’re under 21, you also cannot legally carry alcohol in a vehicle unless the bottle is sealed and unopened, and you are accompanied by a parent or other adult, transporting it as part of your job for someone with a liquor license or disposing of the alcohol because you were instructed to do so by a parent or other adult. This charge is a misdemeanor, and can result in impoundment of your vehicle for up to 30 days, a one year driver’s license suspension and a fine of up to $1,000.
Anytime an underage driver uses or even transports alcohol, they run the risk of losing their license or even going to jail. If you’ve been charged with any violation or crime involving underage drinking and driving, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
