Orange County Underage DUI Lawyers

California Vehicle Code § 23136

Blood Alcohol Concentration of .01 or greater; implied consent to testing; failure to submit to for complete testing

• Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
• A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
• Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
• The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
• The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

California Vehicle Code § 23140

Persons under 21 years of age; blood alcohol concentration of .05 or more

• It is unlawful for a person under the age of 21 years who has .05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
• A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of .05 percent or more, by weight, of alcohol in his or her blood.

The penalties for underage DUI in California vary depending on the circumstances of the case and the driver’s BAC level. 

BAC of 0.01% or Higher (Zero Tolerance Law)

• Automatic 1-year driver’s license suspension

BAC of 0.05% or Higher

• 1-year driver’s license suspension
• Fine of $100 or higher
• Enrollment in an alcohol education program

BAC of 0.08% or Higher (Adult DUI)

If a minor is caught driving with a BAC of 0.08% or higher, they can be charged with the same DUI offense as an adult. 

The penalties for this include:

• Fines up to $1,000
• Up to 6 months in jail
• Mandatory DUI school and potentially community service
• License suspension for 1 year or longer

Aggravating Factors

Certain factors can lead to enhanced penalties for underage DUI, including:

• Having a prior DUI conviction
• Involvement in an accident while driving under the influence
• Reckless driving or speeding while under the influence
• Driving with passengers under 14 years old

These factors can result in longer license suspensions, higher fines, and even potential jail time.

Why You Need a DUI Attorney

If you’re facing underage DUI charges, it’s important to know that you have options. Our Orange County under 21 DUI attorneys at Braden & Tucci can help you explore several potential defenses to help you fight the charges, including:

• Improper traffic stop: Law enforcement must have a valid reason to pull you over. If the stop was unlawful, any evidence collected, including BAC test results, may be inadmissible in court.
• Inaccurate BAC test: Breathalyzer and blood tests are not always accurate. Equipment malfunctions, improper calibration, or errors by law enforcement officers can result in false readings.
• Lack of probable cause: If the officer did not have probable cause to believe you were under the influence, your attorney may argue that the arrest was not justified.
• Rising BAC defense: Sometimes, alcohol takes time to absorb into the bloodstream. If your BAC was below the legal limit when you were driving but increased by the time of the test, this could be a valid defense.

When you contact our team at Braden & Tucci, we will work to protect your rights, challenge the prosecution’s evidence, and build a defense strategy that seeks to minimize the penalties or dismiss the charges altogether.

Contact our firm today at (949) 996-0170 or send us a message online to learn more.