DUI Under 21

Vehicle Code 23136 (California's Zero Tolerance Law):

Vehicle Code 23136 is specifically known as California's Zero Tolerance Law. It applies to drivers under the age of 21 who are found to have a Blood Alcohol Concentration (BAC) of 0.01% or higher.

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Under this law, if a driver under 21 is caught with a BAC of 0.01% or more, they face administrative penalties, primarily a one-year suspension of their driver’s license. This offense is not usually filed in Court, but if it is, it is an infraction, so the maximum punishment is a fine.  

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The Zero Tolerance Law under Vehicle Code 23136 allows law enforcement to detain and test drivers under 21 if they suspect any alcohol consumption, even if the driver is not impaired.

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Differences Between Underage and Adult DUI Laws

Legal Limit

While the legal limit for adults is 0.08% BAC, there is no such threshold for underage drivers. Any detectable amount of alcohol violates the law.

Testing

Underage drivers are required to submit to a Preliminary Alcohol Screening (PAS) test if requested by an officer or another test if you prefer not to complete the PAS test. Refusal results in an automatic one-year license suspension, and you are not able to obtain any ability to drive. For adult drivers, the PAS test is not mandatory. An officer may offer it as a field sobriety test before arrest, but adults can refuse the PAS test without any ramifications.  As an adult the PAS results are not admissible in Court, but for an under 21 driver, if the results show a blood alcohol level of 0.01 or higher, their driving privileges will be suspended for one year.

License Suspension

Underage drivers face harsher license suspension rules. A violation leads to a one-year suspension, which is typically a "hard" suspension with no option for a restricted license. A first-time DUI conviction for an adult driver typically includes a 6-month license suspension with the option to apply for a restricted license after a period of "hard" suspension (typically 30 days). This restricted license allows them to drive to and from work, school, and court-ordered DUI programs.

Penalties

Even with a BAC between 0.01% and 0.05%, underage drivers face a traffic infraction and license suspension. Higher BAC levels may result in additional penalties, including DUI school and mandatory educational sessions. For adult drivers, the legal BAC limit is 0.08%. A BAC between 0.01% and 0.05% typically does not lead to DUI charges or penalties for adult drivers. However, if an adult driver's BAC exceeds 0.05%, they can face adult DUI charges, which can result in fines, license suspension, mandatory DUI school, and even possible jail time.  If the under 21 driver has a blood alcohol level of 0.08 or higher, they can be charged with a DUI, as an adult driver would face.

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Types of Underage DUI Offenses

Zero Tolerance DUI (0.01% - 0.04% BAC)

Underage drivers in California with a BAC between 0.01% and 0.04% generally do not get arrested or taken in for fingerprinting. It is considered primarily an administrative violation rather than a criminal offense. Although even a BAC as low as 0.01% can lead to a traffic infraction and results in a one-year driver's license suspension by the DMV. For those not yet licensed, it delays their eligibility to apply for a license by at least a year. It's important to note that this low BAC level can result from various sources, including certain medications or cold remedies containing alcohol.

Underage DUI (0.05% - 0.07% BAC)

If an underage driver is found with a BAC in this range, they are likely to be arrested. This is because California Vehicle Code 23140 treats a BAC of 0.05% or higher as an underage DUI offense. The arrest process usually involves the driver being taken into custody, where they will be fingerprinted and booked, similar to how an adult DUI case is handled. Though not a full criminal matter, the driver may be charged with an infraction or a misdemeanor, depending on the circumstances in addition to court-ordered fines, a one-year license suspension, and mandatory attendance at DUI awareness programs or classes.

Standard DUI (0.08% or higher BAC)

When an underage driver's BAC reaches 0.08% or higher, they face the same misdemeanor criminal charges as adults under California Vehicle Code Section 23152. This includes charges for driving under the influence of alcohol or drugs, or a combination of both. These offenses are misdemeanors and carry more severe penalties, including potential jail time, higher fines, and longer license suspensions. If the police feel that the driver is impaired by alcohol so that they cannot drive a motor vehicle with the same care and concern as a sober driver, they can be charged with 23152(a) of the Vehicle as an over 21 year old driver may face.  This is not dependent upon a particular blood alcohol level.  Additionally, if the under 21 driver has a blood alcohol level of 0.08 or higher they can be charged with 23152(b) of the vehicle code as an over 21 year old driver can be charged.  Additionally, the underage driver would still face the yearlong license suspension under the zero-tolerance law. 

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Administrative Penalties for Underage DUI

License Suspension Procedures

For underage drivers with a blood alcohol concentration (BAC) of 0.01% or higher, the Department of Motor Vehicles (DMV) automatically suspends their driver's license for one year, unless the driver requests a hearing to contest the automatic suspension. This suspension also applies to those who refuse to take or fail to complete a Preliminary Alcohol Screening (PAS) or chemical test, though the driver who submits to the PAS test may apply for a critical needs license. The DMV conducts an administrative review of the officer's report and any accompanying documents. Drivers have 10 days from receiving the Suspension/Revocation Order to request a hearing to contest the suspension.

DMV Hearings

DMV hearings offer underage drivers the opportunity to challenge their license suspension. These hearings are less formal than court proceedings but still allow individuals to present evidence and arguments. Drivers can request a hearing within 10 days of being cited. If successful, the suspension may be canceled. Even if unsuccessful, drivers may be eligible for a restricted "critical needs" license, allowing them to drive to work or school if no other transportation is available.

Ignition Interlock Device Requirements

In some cases, underage DUI offenders may be required to install an Ignition Interlock Device (IID) in their vehicle. This device, about the size of a cell phone, requires the driver to provide a breath sample before the engine will start. If alcohol is detected, the vehicle won't start. Regular calibration and inspection of the IID are mandatory, with noncompliance resulting in additional penalties.

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Criminal Penalties for Underage DUI

Misdemeanor vs. Infraction Charges

For underage drivers with a BAC between 0.01% and 0.04%, the offense is considered an infraction under California's zero-tolerance policy. This results in a one-year driver's license suspension and a fine of up to $250. However, if the BAC reaches 0.05% or higher, it is generally treated as an infraction, but it can still appear on the driver’s record and may impact future opportunities.

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Drivers under 21 with a BAC of 0.08% or higher face misdemeanor charges, similar to adult DUI offenses. These charges carry harsher penalties, including license suspension, fines, and mandatory alcohol education programs.

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If you are under 21 years of age, your license can also be suspended for a year for being convicted of being under 21 and possessing alcohol, and even a conviction for vandalism, so if you have one of these on your record and have an under 21 DUI charge, your driving privileges may be suspended or delayed for a year or longer.

Probation Terms

First-time offenders with a BAC of 0.08% or higher typically receive probation terms lasting between three and five years. During this period, they must comply with specific conditions set by the court, which may include attending alcohol education classes and refraining from further alcohol-related offenses.

Jail Time Possibilities

While jail time is not common for first-time underage DUI offenders, it remains a possibility, especially for those with higher BAC levels or in cases involving aggravating factors. Misdemeanor convictions can result in up to six months in county jail, though this is often reserved for more serious cases.

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Consequences Beyond Legal Penalties

Insurance Impact

An underage DUI conviction in California can lead to significantly higher car insurance premiums and even loss of coverage. Insurance companies classify convicted drivers as high-risk, which results in sharply increased premiums—often doubling or tripling costs. Additionally, you may be required to file an SR-22 form, further driving up expenses. Some insurers may cancel your policy or choose not to renew it, making it difficult and costly to find new coverage. This impact can last for years, affecting not only your financial situation but also potentially increasing premiums for any family policies you were previously on.  It is important to understand that under 21 drivers are already in the most at risk categories for insurance companies and their premiums are already high, so a DUI related offense can make insurance premiums even higher.

Educational and Career Implications

An underage DUI conviction in California can impact a young driver's future opportunities, including college admissions and scholarship eligibility. Certain career paths require a clean driving record, such as in law enforcement, commercial driving, or healthcare.

Impact on Immigration Status

For non-citizen drivers, a DUI conviction might have consequences for immigration status, including visa renewals or eligibility for citizenship.

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Legal Rights and Representation

Right to Legal Counsel

It is important to get legal representation immediately after an arrest for DUI or under 21 DUI. A skilled attorney can help navigate the legal process, challenge evidence, and work toward minimizing the impact of the charges.  An experienced DUI attorney can also fight the DMV in order to avoid a suspension of your driving privileges, which can have a large impact on your ability to get to and from school or work.

Know Your Rights

During a DUI stop in California, underage drivers have the right to remain silent and refuse to answer questions that could incriminate them. They can also decline to take field sobriety tests and, in some cases, a preliminary alcohol screening (PAS) test. Please remember that if you are under 21 years of age and you are suspected of driving with alcohol in your system, you are required to submit to a Preliminary Alcohol Screening device breath test or other chemical test or you risk having your driving privilege revoked or suspended for a year. After an arrest, however, these tests cannot be declined since the arrest has already been made. Drivers have the right to know why they were stopped, refuse consent to a vehicle search unless there's probable cause, and request legal representation. It's crucial that they are treated fairly and respectfully by law enforcement throughout the process.