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