It’s no surprise that individuals under the age of 21 sometimes engage in underage drinking, despite laws prohibiting it. But what happens if you’re caught drinking and driving while under 21?
California enforces a zero-tolerance policy for underage drinking and driving under Vehicle Code Section 23136. If you’re under 21, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.01% or higher—an amount that could be less than one alcoholic beverage. For adults over 21, the legal limit is 0.08%. However, if you’re under 21 and your BAC is 0.05% or higher, you may face criminal charges, even if your driving wasn’t impaired.
Under California Vehicle Code Section 23140, a person under 21 may be charged for driving with a BAC of 0.05% or more, regardless of whether their ability to drive was affected. This law applies exclusively to underage drivers and carries its own set of penalties.
What Happens During a Traffic Stop for an Underage DUI?
If a law enforcement officer suspects you’ve consumed alcohol, they’ll likely request a Preliminary Alcohol Screening (PAS) test. If you’re under 21:
- Refusing the PAS test leads to an automatic 1-year license suspension.
- Taking the PAS test and blowing a 0.01% or more also leads to a 1-year suspension.
In contrast, drivers over 21 can legally refuse a PAS test without automatic suspension unless they’re on probation for a previous DUI.
DMV Penalties for Underage DUIs
The California DMV automatically imposes administrative penalties independent of any criminal court proceedings.
- First Offense: 1-year license suspension (compared to 4 months for adults).
- Second Offense (within 10 years): 2-year license revocation.
- Third Offense (within 10 years): 3-year license revocation.
Drivers under 21 cannot obtain a restricted license in most cases. However, in limited circumstances, a “critical need license” may be available to allow driving to school or work if no alternative transportation exists. This exception is not available if you refused to take a PAS or chemical test.
Criminal Court Penalties
In criminal court, underage individuals can face the same DUI charges as adults under:
- Vehicle Code Section 23152(a) (driving while impaired)
- Vehicle Code Section 23152(b) (driving with a BAC of 0.08% or more)
Penalties for these charges may include:
- 3 to 5 years of probation
- Fines and court fees
- Mandatory alcohol education programs
- Up to 6 months in county jail
- Driver’s license suspension
Additionally, underage drivers with a BAC of 0.05% to 0.07% can be charged under Vehicle Code Section 23140, which carries penalties like:
- A 1-year license suspension
- Mandatory alcohol education programs
- Fines and court fees
Why Early Legal Help Matters
Underage DUI charges can have long-term consequences, including a criminal record, license loss, and serious limitations on future employment or educational opportunities. At Carolyn L. Oliver | Criminal Defense Law Firm, we understand the unique circumstances surrounding juvenile and underage DUIs and can help you navigate the legal and administrative systems effectively.
If you or your child is facing underage DUI charges, contact our firm today at (858) 456-3572 to schedule a confidential case evaluation.
Disclaimer:
This blog is for informational and marketing purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Outcomes will vary depending on your specific legal situation, and no statement herein should be interpreted as a guarantee of a particular result.
