Getting charged with a DUI under the age of 21 in California can be an overwhelming experience. California law holds young drivers to stricter standards with its Zero Tolerance policy, and the consequences can have serious and lasting effects. If you or a loved one are facing a DUI charge under the age of 21, The DUI Man is here to fight for your rights and your future.
What Happens If You Get a DUI Under 21 in California?
Under California law, drivers under the age of 21 can face DUI charges even if their blood alcohol content (BAC) is far below the legal limit for drivers over 21. Depending on the circumstances, you may face multiple charges, including violations under California’s general DUI laws, the state’s Zero Tolerance Law, or specific statutes tailored for underage drivers.
Failure to act quickly can worsen the situation. For example, you only have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension of your license. An experienced DUI attorney can initiate this process for you and begin crafting a strong defense for your case.
What Is the Legal BAC for Someone Under 21 in California?
For drivers under 21, California enforces one of the nation’s strictest BAC limits under its Zero Tolerance Law. Here’s what you need to know:
- BAC of 0.01% or higher results in penalties under the Zero Tolerance Law.
- BAC of 0.05% or higher may result in a violation of California Vehicle Code section 23140 (Underage DUI), which carries harsher consequences.
- BAC of 0.08% or higher results in a standard DUI charge under California’s primary DUI laws, the same as for drivers over 21.
California’s Zero Tolerance Law Explained
The Zero Tolerance Law prohibits drivers under 21 from operating a vehicle with a BAC of 0.01% or higher. Even a small amount of alcohol in your system could lead to legal trouble. This is in place to discourage underage drinking and driving entirely.
How BAC Is Measured During a DUI Stop
During a DUI stop, law enforcement may use a breathalyzer test in the field to determine your BAC. For drivers under 21, providing a breath sample is mandatory under the Zero Tolerance policy. If the officer suspects impairment, they may also request additional chemical tests, such as blood or urine tests. Refusing these tests can lead to automatic penalties, including license suspension, regardless of your BAC level.
DUI Under 21 California Consequences
The consequences of a DUI under 21 can be severe and affect your driving privileges, education, and future opportunities.
Impact on Driving Privileges
For drivers under 21, a DUI conviction may result in the following penalties for your license:
- License Suspension for 1 year or more under the Zero Tolerance Law or DUI charges.
- Restricted Licenses may not be available, depending on the circumstances.
- Ignition Interlock Device (IID) installation requirements for limited driving privileges in certain cases.
These penalties can make it incredibly challenging to maintain your independence and complete daily responsibilities like attending school or work.
Long-Term Effects on Education and Employment
An underage DUI conviction goes beyond immediate penalties. It can create barriers to your education and career opportunities. A DUI on your record may jeopardize college admissions or scholarships, affect your eligibility for internships or jobs, and lead to increased car insurance rates.
Can You Be Charged With a DUI Under 0.08% BAC?
Yes, drivers under 21 can face DUI charges even if their BAC is below 0.08%. This is due to California’s stricter laws for young drivers.
The Difference Between a DUI and a Zero Tolerance Violation
Drivers under 21 with a BAC between 0.01% and 0.05% may face penalties under the Zero Tolerance Law. However, if your BAC is 0.05% or higher, you could face an Underage DUI charge under Vehicle Code section 23140, which carries additional consequences. A BAC of 0.08% or higher results in a standard DUI charge, which includes criminal penalties similar to those faced by drivers over 21.
How a California DUI Lawyer Can Help Drivers Under 21
Navigating underage DUI laws can be complicated, and the consequences of a conviction can be life-changing. At The DUI Man, we are dedicated to protecting your rights, your license, and your future. Here’s how we can assist you:
- Request DMV Hearings: We’ll act quickly to challenge your license suspension within the 10-day window.
- Challenge Evidence: From breathalyzer results to field sobriety tests, we examine every detail for inaccuracies or procedural errors that could weaken the prosecution’s case.
- Negotiate Reduced Charges: We work to lower your penalties or shift your charges to less severe violations, such as infractions under the Zero Tolerance Law, where possible.
- Provide Expert Guidance: Our team ensures you understand your rights and options at every stage of the process.
We’ve successfully defended many young clients against underage DUI charges, helping them avoid harsh penalties and move forward with their lives.
Contact The DUI Man for Help With Under 21 DUI Charges in California
If you’ve been charged with a DUI under 21 in California, don’t wait to seek legal assistance. The consequences of inaction can be harsh, but with the right representation, you can reduce or eliminate those penalties.
At The DUI Man, we specialize in DUI defense, including cases involving underage drivers. We have the experience, expertise, and dedication needed to build a strong defense and protect your future.
Contact us today for your free consultation. Together, we’ll fight for the best possible outcome for your case.
