DUI – Under Age 21

Driving under the influence (DUI) laws in California are particularly strict for drivers under 21 years of age. Here are the key points:

Legal Standards for Underage Drivers

  1.  Zero Tolerance Law (Vehicle Code 23136): BAC Limit: 0.01% or higher.

Penalties:

  • License Suspension: One-year suspension.
  • Fine: Potential fine up to $100.
  • DUI School: Completion of an alcohol education program required.
  1. Underage DUI Law (Vehicle Code 23140): BAC Limit: 0.05% to 0.07%.

Penalties:

  • License Suspension: One-year suspension.
  • Fine: $100.
  • DUI School: Mandatory alcohol education program.
  • Community Service: Possible community service requirement.
  1. Standard DUI Law (Vehicle Code 23152): BAC Limit: 0.08% or higher.

Penalties: Similar to those for drivers over 21, including fines, license suspension, DUI school, probation, and potential jail time.

Additional Consequences

  • Insurance Impact: Increased insurance rates or cancellation of policy.
  • Criminal Record: A DUI conviction can result in a permanent criminal record.
  • Employment and Education: Potential impact on job prospects and educational opportunities.

Implied Consent Law

Chemical Testing: Drivers under 21 are subject to the same implied consent laws, meaning refusal to take a chemical test (breath, blood, or urine) results in additional penalties, including a one-year license suspension.

Legal Defenses for Underage DUI

  1. Improper Stop or Arrest: Challenging the legality of the traffic stop or arrest.
  2. Testing Procedures: Questioning the accuracy and administration of the BAC tests.
  3. Lack of Probable Cause: Arguing that there was no probable cause for the DUI arrest.
  4. Rights Violations: Claiming violations of constitutional rights during the arrest process.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.