Underage DUI
Los Angeles DUI Defense Attorneys
Driving under the influence (DUI) is always a serious offense in California, but when the driver is under the legal drinking age of 21, the prosecution and consequences can be especially harsh. California has some of the toughest underage drinking and driving laws in the nation, applying a zero-tolerance policy that can result in driver’s license suspension, steep fines, and a criminal record even for trace amounts of alcohol in the driver’s system.
If you or your child has been accused of drinking and driving, it’s critical to understand the laws that apply, what penalties you may face, and how an experienced DUI defense attorney can protect your future and your reputation. For advice and representation tailored to your specific situation, contact Kosnett Law Firm to speak with an experienced and successful Los Angeles DUI defense lawyer.
California’s Zero-Tolerance Policy for Underage Drivers
California’s approach to underage DUI is governed by Vehicle Code Section 23136, which establishes a zero-tolerance rule for drivers under 21. Under this law, it is illegal for anyone under the age of 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.01% or higher.
This standard is dramatically lower than the 0.08% limit that applies to drivers 21 and older. Just one drink, a sip of alcohol, or even certain mouthwashes and medications can result in a measurable BAC that exceeds the legal threshold for underage drivers.
Importantly, an underage DUI arrest can result in penalties even if the driver is not impaired. The mere presence of alcohol in the system can lead to administrative and criminal consequences under California’s zero-tolerance laws.
Underage DUI vs. Standard DUI
There are actually several laws that can apply in underage DUI cases, depending on the driver’s BAC level and whether there is evidence of impairment.
- Vehicle Code 23136 (Zero Tolerance): BAC of 0.01% or higher.
- Vehicle Code 23140: BAC of 0.05% or higher for drivers under 21.
- Vehicle Code 23152: BAC of 0.08% or higher, or driving under the influence of alcohol or drugs regardless of age.
This means that an underage driver can be charged under one or more of these laws depending on the facts of the case. For example, a 19-year-old with a BAC of 0.06% could face charges under both the zero-tolerance statute and the 0.05% underage DUI statute.
Administrative Penalties from the DMV
After an arrest for underage DUI, the California Department of Motor Vehicles (DMV) will automatically begin an administrative process to suspend the driver’s license. The officer will typically confiscate the physical license and issue a Notice of Suspension, which acts as a temporary license for 30 days.
The driver then has only 10 days to request a DMV hearing to challenge the suspension. If no hearing is requested within that time frame, the suspension automatically takes effect after 30 days, regardless of what happens in court.
For a first offense under the zero-tolerance law, the DMV will impose a one-year suspension of the driver’s license. A second or subsequent offense can result in a longer suspension or even complete revocation of driving privileges until the driver turns 21.
Criminal Penalties for Underage DUI
If the case involves a higher BAC or evidence of impairment, criminal penalties can apply in addition to administrative license suspension.
Under Vehicle Code 23140, an underage driver with a BAC of 0.05% or higher can face:
- A fine of up to $100 for a first offense;
- A one-year license suspension;
- Mandatory attendance in a three-month DUI education program; and
- Potential probation or community service requirements.
If the BAC is 0.08% or higher, or if the driver is impaired by alcohol or drugs, the case may be prosecuted under Vehicle Code 23152, the same statute used for adult DUIs. A conviction under this section can lead to:
- Up to six months in county jail;
- Fines ranging from $390 to $1,000 (plus penalty assessments);
- Mandatory DUI education classes;
- Probation for three to five years; and
- A one-year driver’s license suspension.
In addition, if an underage DUI involves an accident that causes injury or death, the driver could face felony charges and significant prison time.
Collateral Consequences of an Underage DUI
The impact of an underage DUI conviction extends beyond legal penalties. It can have serious long-term consequences for a young person’s education, employment, and future opportunities.
Colleges and universities may take disciplinary action against students convicted of DUI, including suspension from extracurricular activities or loss of scholarships. A DUI conviction also creates a criminal record, which can affect future job applications and professional licensing opportunities.
Auto insurance premiums typically skyrocket after a DUI conviction, and some insurers may even cancel coverage entirely. For underage drivers who depend on their license for work, school, or family responsibilities, losing driving privileges can be devastating.
Defenses to Underage DUI Charges
Being arrested for underage DUI does not mean a conviction is inevitable. There are many possible defenses that can challenge the prosecution’s evidence or the legality of the arrest. Common defenses include:
- Invalid traffic stop: The officer lacked reasonable suspicion or probable cause to make the stop.
- Faulty testing: Breathalyzer or blood test results may be unreliable due to improper calibration, contamination, or medical conditions such as acid reflux.
- Improper procedures: Police failed to follow required procedures during the stop, arrest, or chemical testing process.
- Rising BAC: The driver’s BAC increased between the time of driving and the time of testing, meaning they were under the legal limit while behind the wheel.
- No actual impairment: The driver’s ability to operate a vehicle safely was not affected by alcohol or drugs.
A knowledgeable defense attorney will analyze every aspect of the case, from the legality of the initial stop to the accuracy of the testing equipment, to identify weaknesses in the prosecution’s case and work toward the best possible outcome.
How an Experienced DUI Attorney Can Help
An underage DUI charge can be frightening and confusing, especially for young drivers and their families. The laws are complex, and the consequences can affect not just the present but the future as well. That’s why it’s crucial to have a skilled defense lawyer on your side.
At Kosnett Law Firm, our Los Angeles DUI defense attorneys have extensive experience handling underage DUI cases throughout Southern California. We understand how the DMV process works, how prosecutors build their cases, and how to fight back effectively.
Our team can represent you at your DMV hearing to challenge the administrative suspension and argue for your driving privileges. We also work to negotiate with prosecutors to reduce or dismiss charges whenever possible, especially for first-time offenders. In some cases, we can seek diversion programs or alternative sentencing that avoids a criminal conviction altogether.
If your case goes to court, we will build a strong defense, cross-examine witnesses, and present evidence that raises reasonable doubt about your guilt. Our goal is always to minimize the consequences and protect your future opportunities.
Kosnett Law Firm – Protecting the Future of Young Drivers in Los Angeles
For drivers under 21, the stakes in a DUI case are especially high. A single mistake should not define a young person’s future or destroy their ability to pursue education and employment. With the right legal representation, it’s often possible to reduce the charges, avoid a conviction, and preserve a clean record.
If you or your child has been charged with an underage DUI in Southern California, don’t face the system alone. Contact Kosnett Law Firm today to schedule a confidential consultation with an experienced Los Angeles DUI defense lawyer. We will explain your rights, guide you through every step of the process, and fight tirelessly to protect your freedom, your license, and your future.
