
California has zero-tolerance laws for underage drinking. These laws can impact your situation if you face charges for driving under the influence (DUI). What happens when you get a DUI under 21 in California?
Drivers under 21 who get a DUI can face fines, jail time, and restrictions on their driving privileges. You can face legal penalties if you have a blood alcohol content (BAC) at or over 0.01% if you’re under 21.
You can learn more about underage drunk driving charges with a Los Angeles DUI lawyer. Find out more about your situation by calling or filling out our online contact form.
What Happens if the Police Stop You for a DUI?
The police may pull you over if they suspect you’re driving under the influence, regardless of your age. Drivers under 21 must legally comply with a preliminary alcohol screening test and field sobriety tests.
These assessments can measure your blood alcohol concentration (BAC). Refusal to take a test can lead to the automatic suspension of your driver’s license and the loss of your driving privileges, even for a first-time offender.
California does not have an acceptable legal limit for drivers under 21. You can face a DUI arrest if your blood alcohol level is at or above 0.01% because of the state’s no-tolerance laws on underage drinking.
What Will Happen After an Under-21 DUI Arrest?
The police may take an underage driver into the station after an arrest for driving under the influence of drugs or alcohol. After an arrest, you can contact a lawyer and immediately focus on plans for a legal defense.
A criminal defense lawyer can guide you through the legal process. You’ll face an arraignment hearing where you’ll hear your charges, and the court will likely release you after this hearing while you wait for your criminal case to proceed.
What Are the Penalties for an Underage DUI?
The penalties for a DUI under 21 can vary. A first-time offender with a low BAC may face a one-year license suspension without jail time. However, if you have a BAC at or over 0.08%, you may face harsher criminal charges, resulting in additional penalties like:
- Orders to install an ignition interlock device (IID) on your vehicle
- Orders to attend an alcohol education program
- Months in jail
- Fines
- Formal or informal probation
Additionally, the DUI can show up on your criminal record and driving record, increasing the penalties for any subsequent offense involving drinking and driving. You can reach out to a law firm to learn more about what happens when you get a DUI under 21 in California.
Can Underage Drivers Face Multiple Charges?
Unfortunately, as an underage drunk driver, you can be charged with more than one of the violations above. For example, if your BAC was 0.06% and you were weaving, you’ve effectively violated three different rules:
- The Zero Tolerance law (0.01% or more)
- The Underage DUI law (0.05% or more)
- Impaired Driving
The arresting officers will charge you with all the applicable violations, stacking up the penalties as high as possible. Even if they do this, the entire arrest will only count as one DUI on your record. But the repercussions can be severe.
They can amount to years without a license, exorbitant fines and fees, and a black mark on your record when you are just starting out in life. Therefore, having a DUI lawyer help whittle the charges down and fight for you in court is essential.
In addition, you may be charged with underage drinking and possession of an open container in a vehicle (if applicable). Both of these charges have separate penalties.
Will an Underage DUI Affect College and Jobs?
In some ways, the worst part of an underage DUI is not the criminal penalty at all but the long-term effects. For example:
- Colleges are allowed to ask about your criminal history on admissions applications. You are required to disclose your DUI when applying. They may consider this and deny your acceptance because of it. (This applies only to the actual criminal convictions for DUI: 0.05% or more, 0.08% or more, and impaired driving.)
- Employers also ask about criminal history. Again, you are required to disclose this information. It could cause employers to pass you over for a position.
A lawyer can help you face these criminal charges to protect your future.
Can You Beat an Underage DUI Charge?
It is possible to beat a DUI charge, even if you’re underage. DUI lawyers have many tactics to choose from. They may be able to throw out blood or breath test evidence or question whether it was legal for police to pull you over in the first place.
These approaches routinely lead to the court dropping DUI charges or the prosecution offering deals to drivers of all ages. DUI lawyers have a high success rate in helping underage defendants.
You also have youth on your side. A skilled DUI lawyer will argue to the District Attorney that your crime was a single, foolish mistake. Sometimes, the DA will consider dropping or reducing the charges simply so they do not derail your life at a young age.
Learn More About Under 21 DUIs in California
What happens when you get a DUI under 21 in California? You can face fines, a license suspension, and even time in jail, depending upon your BAC at the time of your arrest. The DUI will stay on your criminal record and could impact your life for many years.
You can learn more about these charges and how to defend against them when you call or complete our online contact form.