Underage DUI penalties in California can include a suspended driver’s license, hefty fines, mandatory participation in education courses, and even potential criminal charges, depending on your BAC. California, like many states, imposes a strict Zero Tolerance policy for underage drunk drivers, meaning even a minuscule amount of alcohol can result in serious legal penalties. If you’re facing an underage DUI, it’s imperative to understand how these charges differ from a standard DUI, what the penalties are, and how to interact with the police. In addition, you’ll learn the importance of working with a Contra Costa County DUI lawyer to help you explore your legal options.
Understanding California Underage DUI Laws
In California, those who are found driving with a Blood Alcohol Concentration (BAC) at or over the legal limit of 0.08% will face a driving under the influence charge. However, you can also face a DUI if your BAC is under the legal limit, but there is a detectable amount of alcohol in your system that the officer has determined inhibits your ability to safely drive a vehicle.
However, because those under 21 are prohibited from consuming alcohol, there is a strict Zero Tolerance law in place for those under 21 who operate vehicles with alcohol in their system.
California’s Zero Tolerance Law for Drivers Under 21
- California Vehicle Code § 23136 governs the state’s Zero Tolerance policy
- Underage drivers in California can face a DUI with a BAC of 0.01% or higher
- A driver does not need to show signs of intoxication or impairment to face penalties
- Charges typically trigger administrative DMV penalties
- Even one alcoholic beverage can result in a measurable BAC
When Can an Underage Driver Be Charged with a DUI
- A BAC of 0.05% or higher can result in an underage DUI charge in accordance with California Vehicle Code § 23140
- A BAC of 0.08% triggers standard adult DUI charges
- Officers may arrest drivers if they appear impaired, regardless of BAC
- DUI charges can result in both criminal and civil consequences
As such, if you are a minor and you are pulled over in Pleasant Hill, Concord, Pacheco, or any other Contra Costa County community with a BAC of 0.01% or higher, you can face a serious consequneces in California in accordance with the Zero Tolerance law. However, if your BAC is at or over 0.05%, it is considered an Underage DUI.
Are the Penalties Different for Underage Drivers When Charged with a DUI?
The penalties for an underage DUI in California will depend on the BAC of the driver, their prior criminal history, and whether or not a collision or injuries occurred.
Penalties for a Zero Tolerance Violation
- One-year license suspension
- Potential vehicle impoundment
- Increased insurance premiums
- Administrative penalties imposed by the DMV
Penalties for an Underage DUI With a BAC at or Over 0.05%
- One-year license suspension
- Mandatory participation in alcohol education or DUI courses
- A fine of up to $100
- Potential probation requirements
A Zero Tolerance offense in California carries hefty penalties, including a one-year license suspension.
An underage DUI, on the other hand, carries the same license suspension, a $100 fine, and mandatory participation in an alcohol education course.
Penalties for a DUI With a BAC of 0.08% or Higher
- Adult criminal DUI charges
- Heftier fines and additional court costs
- Potential for jail time
- Installation of an ignition interlock device
- Longer license suspension periods
- Criminal record
Underage DUI arrests throughout Contra Costa County typically proceed through courts serving communities in Pleasant Hills, Concord, Walnut Creek, Brentwood, and other local communities. While the DUI laws apply across all of California, local court procedures and prosecutors may differ, making it imperative to connect with an experienced Contra Costa County DUI attorney.
What Should You Do if You’re Pulled Over by the Police for an Underage DUI?
When you are pulled over by the police, it’s imperative to understand your rights in these instances.
What to Do During a DUI Traffic Stop
- Put your hazard lights on, pull over as quickly and safely as possible, and remain calm
- Provide your driver’s license, registration, and proof of insurance upon request
- Do not argue with the officer
- Do not provide unnecessary information
- Politely inform the officer that you want to invoke your right to remain silent
- Request to speak with an attorney as soon as possible
Often, the police will ask leading questions intended to get you to incriminate yourself. For example, they may ask, “Have you been drinking tonight?”
If you have been, you can’t say no, as providing false information to the police may negatively impact your case. However, admitting to it can result in a criminal conviction. As such, it’s imperative to understand that you have the right to remain silent to avoid incriminating yourself when interacting with the police.
Instead, you should inform the officer that you have been instructed by your attorney not to answer any questions and politely invoke your right to remain silent.
Common Mistakes Made By Drivers During DUI Stops
- Admitting to drinking and driving
- Arguing with law enforcement
- Providing more information than necessary
- Posting about your arrest on social media after the stop
- Failing to attend scheduled court hearings
Can an Underage DUI Impact Your Future?
It’s critical to understand that an underage DUI in Contra Costa County, or anywhere in California for that matter, can have considerable impacts on your future. Even a first offense can negatively impact your employment opportunities, education, and finances.
Long-Term Consequences of an Underage DUI Conviction
- College admission implications
- Lost scholarship opportunities
- Increased car insurance premiums
- Potential military enlistments complications
- Background check issues
- Difficulty obtaining certain jobs
- Professional licensing complications
Contact a Contra Costa County DUI Lawyer Today
If you or your child is facing a DUI in California as an underage driver, it’s in your best interest to connect with an experienced attorney with O’Connor Law APC to help you explore your rights. Contact us today to learn more about your legal options.
