Too Young to Drink - Old Enough To Be Charged With a DUI

In California, individuals under the age of 21 are subject to stringent DUI laws. The state enforces a zero-tolerance policy, making it illegal for underage drivers to operate a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher. This policy is outlined in Vehicle Code §23136 and mandates administrative penalties, including a one-year driver's license suspension, regardless of whether the individual is convicted in criminal court.

For underage drivers with a BAC of 0.05% or higher, Vehicle Code §23140 applies. This infraction carries penalties such as fines, mandatory attendance in an alcohol education program, and a one-year license suspension.

If an underage driver has a BAC of 0.08% or higher, they can be charged under Vehicle Code §23152, facing the same penalties as adult offenders. These penalties include fines ranging from $390 to $1,000, potential jail time, and mandatory DUI education programs.

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Penalties for Underage DUI Offenses

Underage DUI offenses in California carry both administrative and criminal penalties. Administrative actions by the Department of Motor Vehicles include immediate license suspension for one year under the zero-tolerance law.

Criminal penalties vary based on the severity of the offense:

• BAC of 0.05% or higher: Fines, mandatory alcohol education programs, and a one-year license suspension.
  
• BAC of 0.08% or higher: Fines between $390 and $1,000, possible jail time up to six months, mandatory DUI education programs, and a one-year license suspension.
  

Additionally, underage DUI convictions can lead to increased insurance premiums and the requirement to file an SR-22 form, indicating proof of financial responsibility.

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What can be a Refusal if the Driver is Under 21 Years Old

If you are stopped for on suspicions of driving under the influence of alcohol and you are under the legal drinking age, you can be charged with a refusal if you refuse to submit to a Preliminary Alcohol Screening Test. This test is voluntary and considered a Field Sobriety Test if you are over the age of 21, but if you are under the age of 21 it is mandatory, or your license can be revoked for a year or longer if they refuse to submit to the test when offered.

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Penalties for A DUI Prior to Obtaining a license

If a driver is under the age of 21 and they have not obtained their driver’s license, they will not be allowed to obtain a driver’s license for at least a year.  This will be required by the DMV regardless of what happens in Court.  The laws against underage drinking require a one-year delay if the DMV determines that a person was under 21 years old when they drove under the influence of alcohol, or even being under the influence of alcohol or even possession of alcohol when they are under 21 years old.  A conviction of vandalism can also result in a license suspension or delay of a year or longer.

Underage DUI offenses in California carry both administrative and criminal penalties.

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Mandatory Alcohol Education Programs

California mandates that individuals convicted of DUI offenses, including underage offenders, complete a DUI education program. The length of the program depends on the offense:

• First-time offenders: Three-month program (AB541).
  
• BAC of 0.20% or higher or refusal to submit to testing: Nine-month program (AB1353).
  

The aim of these programs is to educate offenders about the dangers of impaired driving and prevent future offenses.  The required curriculum is dictated by the legislature, and the Department of Motor Vehicles requires in person attendance to satisfy the requirement.

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Alternative Sentencing Options

California courts may offer alternative sentencing options to underage DUI offenders, focusing on rehabilitation rather than incarceration. These alternatives include:

• Community service: Offenders may be required to complete a certain number of hours serving the community.
  
• Electronic monitoring: Use of devices like a Secure Continuous Remote Alcohol Monitor may be required to monitor alcohol consumption.
  
• Ignition interlock device: A breathalyzer device may be installed in the offender's vehicle, preventing operation if alcohol is detected.
  

These alternatives aim to reduce recidivism and promote responsible behavior among young drivers.

The court will generally require underage DUI offenders to attend an alcohol education program. The duration of this program is typically based on the offender’s BAC level and the presence of any prior convictions. A first offense usually mandates participation in a three-month program (AB541). However, if the BAC was particularly high at or above 0.20% or if the driver refused to submit to chemical testing, a longer nine-month program (AB1353) may be required.

These programs are designed not only to educate offenders about the risks of impaired driving but also to modify behavior and reduce the likelihood of future offenses.

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Alive at 25 Program

Many courts will order any driver who is under 25 years old and is facing a DUI to attend the “Alive at 25 Program” as an alternative to jail time. This program is a highly effective four-hour course that serves as an excellent complement to standard driver education programs.  Participants in the Alive at 25 class will learn the negative effects and dangers associated with speeding, distractions, peer pressure, and driver inexperience.  Topics discussed include, but are not limited to, current state laws related to speeding, impaired driving, seatbelt usage, and cell phone use to include texting.

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Mothers Against Drunk Driving Victim Impact Panel

May courts will order young drivers charged with driving under the influence of alcohol to attend and complete the Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP) Program. This program is conducted by the MADD organization and may be attended on-line or in person.  The program consists of a panel of people whose lives were impacted by drunk drivers, who discuss how the accident has impacted them.  The goal of the program is for drivers to understand what can happen if they drive under the influence of alcohol, since most of the panelists have lost a loved one due to DUI.  

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Diversion Opportunities

In certain jurisdictions within California, diversion programs are available for eligible underage offenders. Often these programs are offered by the Court for young drivers who are not charged with driving with a 0.08 blood alcohol level.  The Court and/or the prosecutor will agree to allow the young driver to complete certain tasks and not commit any violations of the law for a period, and the case against them will be dismissed.  This is often how matters are resolved in Juvenile Court when the driver is under the age of 18 and has not had any prior offenses.  Diversion is not offered in all courts.

Diversion typically involves mandatory counseling or alcohol education, often the Alive at 25 program and the MADD VIP program, frequent check-ins with a court officer, and completion of community service hours. Once the program is completed, charges may be dropped, and the individual avoids having a permanent mark on their criminal record. However, if the individual does not meet the terms of the diversion, there may be a reinstatement of prosecution and an imposition of standard penalties.

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Legal Defenses for Underage DUI Charges

Although the laws are strict, underage drivers facing DUI charges are not without defense options. One possible defense is challenging the legality of the traffic stop itself. If law enforcement lacked reasonable suspicion to pull the driver over, any evidence collected after that point including BAC test results may be excluded.

Another defense may involve questioning the accuracy of the BAC testing equipment or the procedure followed during testing. Breathalyzers must be properly maintained and calibrated, and officers must follow strict protocols when collecting samples. Any deviation from these requirements could call the results into question.

Finally, procedural errors, such as improper arrest procedures or the failure to inform the accused of their rights, can also form the basis of a strong defense. An experienced DUI attorney can evaluate the case thoroughly and identify the most effective strategies based on the facts.