Understanding Underage DUI in California: Serious Consequences and Legal Options
Driving under the influence (DUI) is a serious criminal offense, but underage DUI carries even harsher penalties in California. Under California’s Zero Tolerance Law, it is illegal for anyone under the age of 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher. This law is outlined in California Vehicle Code sections 23136, 23152, and 23153. In this article, we’ll explore the penalties and long-term consequences of an underage DUI and discuss the legal strategies available to minimize these outcomes.
Zero Tolerance Law for Underage Drivers
California’s Zero Tolerance Law takes a hard stance on underage DUI. For drivers under 21, any measurable amount of alcohol (0.01% BAC or more) in their system can result in a DUI charge. Penalties increase significantly for BAC levels of 0.05% or more. The BAC can be measured using a preliminary alcohol screening (PAS) device, breathalyzer, blood, or urine test.
Refusing the Test: Automatic Consequences
If an underage driver refuses to submit to a breathalyzer or alcohol screening test, their driver’s license is automatically suspended for up to three years. Underage drivers must comply with testing during a DUI stop, and failure to do so carries serious consequences.
Penalties for Underage DUI in California
The penalties for underage DUI are severe. Some of the most significant consequences include:
- License Suspension: After an arrest, the officer will confiscate the underage driver’s license and issue a temporary 30-day license (a “pink sheet”). If the driver requests a DUI APS hearing within 10 days of the arrest, this temporary license may be extended for another 60 days.
- Probation: Probation for underage DUI typically lasts three years in places like Orange County. Probation terms often include strict rules, such as no driving with any measurable amount of alcohol and using the driver’s true name and date of birth at all times. Violating probation could result in up to six months in jail and a $1,000 fine.
- Alcohol Education Programs: Underage DUI offenders may be required to attend alcohol education programs ranging from three to nine months.
- Fines: Convicted drivers may face fines that can total several thousand dollars.
Long-Term Impact of Underage DUI
An underage DUI conviction can have long-term effects beyond immediate penalties. These include:
- Increased Insurance Rates: Insurance premiums often skyrocket after a DUI conviction, and young drivers may find it difficult to secure affordable coverage.
- Impact on Education: Some colleges and universities review students’ criminal records, which can affect enrollment, financial aid, or scholarships.
- Employment Challenges: A DUI conviction can appear on background checks, making it harder for young people entering the workforce to secure jobs.
Defense Strategies for Underage DUI
A skilled DUI attorney can help develop defense strategies to reduce or dismiss underage DUI charges. Common strategies include:
- Challenging Field Sobriety Test Accuracy: The accuracy of field sobriety tests, such as the horizontal gaze nystagmus test, one-leg stand, and walk-and-turn test, can be questioned using body cam footage.
- Reviewing Breathalyzer Test Accuracy: An attorney can request calibration logs and maintenance records for the breathalyzer used in the case to ensure the test was accurate.
DMV Hearing and License Suspension
The DMV imposes automatic penalties for underage DUI, separate from court-imposed penalties. This includes a mandatory one-year license suspension. An attorney experienced in underage DUI cases can challenge the suspension at a DMV hearing, potentially delaying or avoiding the suspension altogether.
Expunging a DUI Record
Even after serving probation, an attorney can help with the process of expunging an underage DUI conviction. This can significantly reduce the long-term effects of a criminal record and improve future job prospects.
Conclusion
An underage DUI is a serious offense with long-lasting consequences, but with the help of an experienced DUI attorney, the penalties can be minimized. If you or a loved one is facing underage DUI charges, it’s essential to seek legal representation to protect your rights and future. Contact our office today to discuss your case.
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