As far as underage DUI laws are concerned, California has some of the sternest laws in the country. The state has a zero-tolerance policy on underage drunk driving, which means that any person who has not turned twenty-one who drives with even the slightest amount of alcohol in their blood can face charges. And due to the state's tough stance on underage DUI, anyone charged can face severe consequences. Bearing this in mind, you want to hire a highly experienced and aggressive DUI defense attorney if you are accused of underage DUI or are the parent of a teenager facing these charges.

At California Criminal Lawyer Group, our DUI defense attorneys have the knowledge and resources to achieve a positive outcome for an underage DUI charge. For decades, we have helped hundreds of underage DUI defendants navigate the criminal justice system, and we can do the same for you by building a compelling defense strategy. Call us for a consultation and to share your case details. We serve the Fresno area and its environs.

What Are California's Underage DUI Laws?

In California, there are two primary laws governing underage DUI. These are 23136 VC, the zero tolerance law, and 23140 VC, operating a vehicle with a BAC of 0.05 percent or more. These two statutes apply to under twenty-one motorists. Both can subject the underage driver to a 12-month suspension of their driver's license. Also, they both apply whether or not the driver is alcohol-impaired. An underage motorist breaks these laws merely by operating a vehicle with the relevant BAC.

Declining to undergo chemical DUI testing to determine the BAC level is not helpful. Instead, it will lead to the motorist's license suspension for not less than one year.

An underage motorist can also face criminal charges for violating California's adult DUI statutes, where applicable. These statutes include the following:

  • 23152(a) VC, DUI of alcohol.
  • 23152(b) VC, driving a vehicle with a 0.08 percent BAC or more.
  • 23152(f) VC, DUID (driving under the influence of drugs).
  • 23153 VC, DUI with injury.

Unlike 23140 VC and VC 23136, violating adult DUI statutes can subject an underage motorist to criminal penalties apart from a license suspension.

23136 VC, Zero Tolerance Law for Underage DUI

VC 23136 is the state's zero-tolerance statute for young drivers. Per this law, it is civilly wrong for somebody under 21 to operate an automobile with a 0.01 percent BAC or more.

VC 23136 applies to any given alcohol-containing drink, not only alcoholic beverages. Even alcohol-containing medications can subject an underage motorist to 23136 VC violation charges. Also, 23136 VC applies whether or not the driver was alcohol-impaired when driving. An underage motorist breaks this law merely by registering any detectable alcohol in their system.

As implied earlier, violating 23136 VC is a civil offense, not criminal conduct. Therefore, it will not result in an incarceration period or a fine. The only consequence of breaking the zero-tolerance law is a compulsory driver's license suspension. The suspension period is 12 months for a first offense. If the accused has a record of breaking the state's DUI laws, the court can revoke their driver's license for three or two years.

23140 VC, Underage Driving With a 0.05 Percent or More BAC

23140 VC makes it criminal for anybody under twenty-one to operate an automobile with a blood alcohol concentration of 0.05 percent or more. This law is sometimes called underage DUI.

Once the police arrest someone for underage driving while drunk, they usually confirm BAC through post-arrest drunk-driving chemical testing. The test entails DUI blood or breath testing.

Violating 23140 VC is deemed an infraction. An infraction is a lower-level crime, more or less like a parking ticket. Consequently, violating 23140 VC will not trigger time in jail. Instead, the consequences will include the following:

  • A 12-month driver's license suspension if it is the first violation.
  • Up to one thousand dollars in court fines if it is the first violation.
  • If the motorist is eighteen years of age or older, a compulsory alcohol education course for three or more months.

Refusal to take or failure to complete a post-arrest DUI or PAS test will lead to a license suspension for the underage driver for a minimum of twelve months.

23152 VC, DUI of Alcohol, and DUI With a 0.08 Percent or Higher BAC

An underage motorist can be prosecuted under the adult standard DUI laws if:

  • Their driving capability is impaired because of alcohol (23152(a) VC) or
  • They had a blood alcohol content of 0.08 percent or more ("per se" DUI—VC 23152(b)).

Violating 23152 VC is considered a misdemeanor. If nobody sustained an injury, the consequences of a first-time conviction could include the following:

  • A 12-month license suspension.
  • Misdemeanor probation for a period ranging between three and five years.
  • Nine or three months of DUI school.
  • A fine of between $390 and $1,000.
  • Rarely, jail for not more than six months.

Other adult drunk-driving laws an underage motorist may be accused of violating include the following:

  • 23152f VC, DUID.
  • 23153 VC, DUI with injury.
  • 187 PC, DUI murder, also known as Watson Murder.
  • PC 191.5, vehicular manslaughter while DUI.

Underage Drunk-Driving and DMV Hearing

Unlike other crimes, a DUI arrest subjects the driver, including underage drivers, to two proceedings. So, if you are caught driving while drunk and are under twenty-one, you will be subject to the criminal court process and the DUI administrative hearing conducted at the DMV office. The DMV hearing aims to determine whether your driver's license should be suspended due to your DUI incident, not whether you are guilty of your DUI offense.

Usually, when you are arrested for underage driving, the police will seize your license and issue you a pink notice of suspension that will serve as a temporary license for thirty days. This notice of suspension notifies you that the DMV will suspend your license. It also notifies you that you have the legal right to a DMV administrative hearing to stop the suspension from taking place.

However, this administrative hearing does not come automatically. You must request it and do it within ten days of your DUI arrest or citation for chemical test refusal.

If you request the hearing within the stipulated period, the DMV will delay the suspension pending the hearing's outcome. But if you fail to request the hearing within ten days, your license will automatically go into suspension after thirty days, which is when the temporary license you are given after the confiscation of your driving privilege expires.

The hearing is often conducted over the telephone, unless you ask that it occur in person. You will be allowed the right to attorney representation during the proceeding, and your lawyer can often handle the entire hearing on your behalf. Note that attorney representation at this hearing is at your expense. That means, unlike in criminal court proceedings, the DMV will not appoint you a lawyer if you cannot afford one.

You also have other rights during this hearing, including the right to:

  • Examine and contest evidence, like the report from the police.
  • Subpoena and present witness, even the arresting police officer.
  • Testify in your favor.
  • Cross-examine witnesses.

If you prevail at your hearing, your license will not go into suspension. However, winning at the DMV hearing will not affect the criminal court's decision because these two proceedings are entirely separate. So, while your license will not be suspended if you prevail at the administrative hearing, the D.A. may still believe they have sufficient evidence to go to trial. And if you are eventually convicted of DUI, the judge can suspend or revoke your license.

If you lose your hearing, your license will be suspended. The circumstances and length of the suspension will depend on whether it is your first or subsequent offense. For example, if it is your first offense, your driving privileges will be suspended for 6-10 months. The driving privilege will be suspended for two years for a second offense.

The DMV can also suspend or revoke your driving privileges for two or more years if you have at least one prior conviction for “wet reckless” under VC 23103.5, DUI, or a chemical test refusal.

However, not everything is necessarily lost if you lose the case. If you believe you should have won, you have the legal right to contest the DMV's decision to suspend your driving privileges, including the suspension triggered by a chemical testing refusal. You may: 

  • Appeal the decision of the DMV hearing officer (by presenting a request in writing and paying a hundred and twenty dollars within fifteen days from when the hearing officer gave notice of their decision),
  • Apply for a restricted critical use/hardship license. This license resembles a learner's permit. It will enable you to operate your vehicle to and from school and work if you have no other transportation means. However, you do not qualify for this license if your license was suspended due to your refusal to undergo chemical testing.

It is worth repeating that, unlike the criminal court DUI proceedings, the DUI administrative hearing at the DMV office does not determine whether you are guilty of DUI. It focuses solely on the facts surrounding the arrest and whether your driver's license should be revoked or suspended. And while these two proceedings differ in this aspect, they are somehow related. The testimony acquired at the DMV hearing can convince the D.A. to dismiss your charges or offer a reduced charge as part of plea deal negotiations.

When the DMV and criminal court suspension periods elapse, you can seek to reinstate your driving privileges by:

  • Maintaining evidence of financial responsibility for three years.
  • Filing an SR-22 proof of financial responsibility.
  • Paying a reissue fee of $125 to the Department of Motor Vehicles.

Additional Penalties for Underage DUI

The consequences of underage drunk driving stretch beyond the legal penalties like license suspension, probation, and fines. Even after serving your legal sentences, some repercussions of underage drunk driving can follow you into the future, affecting your life's professional, personal, and social aspects. They include the following:

The Effect on Auto Insurance

If you give your child your car to drive and they are convicted of underage drunk driving, the court notifies your car insurance provider and the DMV. After learning about the conviction, the vehicle insurance company may increase your insurance premiums. Or, the insurer may cancel your policy, forcing you to look for an alternative provider.

A DUI conviction goes on public record under California law. You must mention it during your job application. The conviction can be detrimental to your character, making it difficult to find a meaningful job as an adult. If you do not disclose the conviction record and your prospective employer learns about it after conducting a background check against you, they can disqualify you for the job position.

Difficulty Enrolling In College

When applying for college enrollment, you may be required to include all of your convictions in the application, including underage drunk driving. Drunk driving is often perceived as reckless conduct, which might be grounds for denying you college admission. Even if you enroll in college, you may be disqualified from scholarships and other financial aid.

Apart from being unable to join college, you might not be allowed to pursue certain degrees if you have a DUI conviction on your criminal record. Failing to reveal your drunk-driving conviction record during a college application could lead to the institution you wish to join dismissing you.

Defending Against Underage Drunk Driving

With the help of your lawyer, you can argue several defenses as an underage driver to fight the DUI charges against you. Common ones include the lawyer arguing that:

You Did Not Drive

The first aspect the D.A. must demonstrate when determining your criminal liability for DUI is that you drove the vehicle. The judge cannot find you guilty of underage DUI if there is no evidence to show you were behind the wheel at the time of the arrest.

The Police Lacked Probable Cause to Conduct a DUI Arrest or Traffic Stop

Before a law enforcement officer stops your vehicle, detains you to do a drunk-driving investigation, or places you under arrest for underage drunk-driving, they must reasonably believe or reasonably suspect you are involved in criminal conduct. This reasonable suspicion or belief is a legal standard called probable cause.

If a police officer does not have probable cause to do any of the above, the judge will suppress any evidence they obtain from the stages. When evidence is suppressed, the D.A. cannot use it to obtain a conviction. Consequently, the absence of probable cause is a compelling drunk-driving defense that frequently leads to dismissed or reduced charges or lenient penalties.

The Arresting Officer Did Not Read Miranda Miranda Rights

Contrary to common belief, reading the Miranda rights is unnecessary in a DUI arrest. However, they are necessary when a police officer has arrested you and wants to perform a custodial interrogation. If these conditions are met, the police officer must read your Miranda rights. If they fail to do so, any statements they obtain will be struck from evidence after your lawyer files a motion to suppress evidence. Based on how significant those statements are, their exclusion may lead to dismissed or reduced charges.

The Police Officer or Chemical Test Administrator Did Not Follow the Proper DUI Chemical Testing Procedures

If the arresting officer or DUI breath/blood test administrator fails to follow the correct procedures, it can be a solid defense against underage DUI charges. Various procedures usually govern underage DUI investigations to safeguard defendants from misconduct by the police. These procedures include the following:

  • Title 17 Regulations and procedures.
  • The condition that the police officer read to defendants their Miranda rights before conducting a drunk-driving interrogation.
  • The condition that the police officer has probable cause to conduct a DUI arrest, DUI investigation, or even a traffic stop.

If any of these procedures are violated, your attorney can demand a suppression hearing to exclude the evidence that was not correctly acquired and a pretrial chance to poke holes in the D.A.'s case, potentially convincing them to dismiss or lower it.

Other defense strategies include:

  • The BAC testing equipment was not working properly.
  • You had rising blood alcohol when you took the DUI chemical test, meaning your BAC was lower when you drove.
  • You had alcohol from a different source in your mouth, for example, alcohol from mouthwash.
  • You suffer from acid reflux or GERD.
  • You were on a low carbohydrate or high protein diet, which might have caused a falsely high BAC result.

Underage DUID

As there is no legal limit regarding drugged driving, teenagers charged with driving under the influence of drugs will be subject to the same DUID consequences as adults. It is not a valid defense to DUID to mention that you have a medical marijuana license or are over eighteen years old. Saying this before law enforcement will only be used as evidence against you. Always decline to answer the police officer's questions if your lawyer is not present.

Crimes Related to Underage DUI

Certain crimes are frequently charged alongside underage DUI because they share similar elements. The most common of these violations include the following:

Driving In Possession of Marijuana, 23222(b) VC

Teenagers who drive with marijuana in the vehicle can face charges for violating 23222(b) VC. 23222(b) VC is the state's open container statute for weed. It criminalizes driving with marijuana in a container that has been opened, has a broken seal, or is not in a container at all. Violating this law is considered an infraction punishable by up to a hundred dollars in fines.

Underage Alcohol Possession in an Automobile, 23224 VC

Underage motorists are frequently accused of possessing alcohol in automobiles, violating 24224 VC. 23224 VC criminalizes people under twenty-one carrying alcoholic beverages inside a motor vehicle unless the following is true:

  • The container containing the alcohol is full, unopened, and sealed, and
  • The teenager is riding with their parent or another specified adult, disposing of the alcoholic drink per their parent's or specified adult's instructions, or moving the drink as part of their job, and they work for a person with a valid liquor license.

Violating VC 23224 is considered a misdemeanor offense. The penalties upon conviction can include up to a thousand dollars in fines, driver's vehicle impoundment for a maximum of thirty days, and a driver's license suspension for one year.

Driving While Ingesting/Smoking Marijuana or Drinking, 23221 VC

23221 VC is the state's law against smoking marijuana or drinking alcohol while driving. Violating this statute is deemed an infraction. You violate 23221 VC when, while riding as a passenger in an automobile, you consume alcohol or smoke weed. A first-time offense of smoking marijuana or drinking alcohol in a car is punishable by a maximum fine of $100.

Find a Skilled DUI Defense Lawyer Near Me

A 0.05 or 0.01 percent BAC can result from as little as one alcoholic drink. On the same note, it only takes a slight inaccuracy for a blood or breath testing device to register this kind of BAC level, which can be the difference between freedom and underage DUI charges. That said, it is easy for a person to be charged with underage DUI, and due to the state's zero-tolerance policy on underage drunk driving, the punishment can be severe upon conviction.

If you are charged with underage DUI or are a parent whose child faces these charges, an attorney is one of the best options for avoiding the severe punishment. An attorney can help you interpret your situation and advise you on the ideal action. Based on how tight the case is, they can help you develop a compelling defense strategy or negotiate a favorable plea deal.

At California Criminal Lawyer Group, we have more than forty years of DUI experience fighting for drivers charged with underage DUI in Fresno and its environs, and we can help you, too. We understand what penalties await anyone convicted of this crime and strive to ensure our clients avoid them. We can develop defenses to obtain the best possible outcome thanks to our deep understanding of the California DUI laws. We are conversant with how the local police officers, prosecutors, and judges operate, which is also an added advantage. For a free initial consultation and to share your case details, call us today at 559-712-8377.