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Underage DUI Defense

San Bernardino County Underage DUI Defense

Helping Clients Understand Underage DUI Charges

The impact of a DUI conviction is already serious enough, but getting charged when you are underage can be life-ruining if the proper action isn’t taken. California has a zero-tolerance policy when it comes to underage drinking, meaning a blood alcohol concentration of 0.01% is enough to garner charges for drinking while underage and driving.

If you or your underage son or daughter has been charged with a DUI, it is imperative that you take immediate action to protect your or their future. Your first step should be calling Patrick Silva, Attorneys at Law, at 909-500-4819 for a free consultation with our underage DUI attorneys.

Our experienced DUI attorneys will help you understand the charges, walk you through the legal process, develop the best strategy, and help you or your children move past this.

What Counts as an Underage DUI in California?

In California, like all other American states, if you are under 21, you are legally prohibited from consuming alcohol. Furthermore, California has a zero-tolerance policy when it comes to underage drinking and driving. This law sets the BAC percentage far lower than for drivers over the age of 21.

  • DUI BAC percentage levels for adults 21 and over: 0.08% or higher
  • DUI BAC levels for drivers under the age of 21: 0.01% or higher

Under California’s zero-tolerance laws, if a chemical test shows a BAC of 0.01% or higher, that is enough for the DMV to suspend your driver’s license for one year automatically. You don’t even have to appear impaired; simply having alcohol in your system while driving is enough to trigger an administrative penalty.

Under state law, a blood alcohol concentration between 0.05% and 0.07% is a separate infraction. While it is not the same as a full misdemeanor DUI, the penalties still include fines, completion of a mandatory alcohol education program, and a one-year license suspension.

A BAC of 0.08% or more is treated the same as any other adult DUI offense, and you can face the same criminal charges, potential jail time, and all the consequences that come with a misdemeanor DUI conviction.

Unfortunately, because of how California DUI laws work, someone under the age of 21 can face multiple charges from a single incident. For example, if a 20-year-old driver with a BAC of 0.06% is stopped, they could be charged under both the Zero Tolerance law and the 0.05% infraction law. If there is evidence of drug use, they could face even more consequences.

What does all of this mean? If you are under 21 and caught driving with any alcohol in your system, you’re already in legal trouble. The best way to protect your future is by working with an experienced DUI attorney.

What Are the Penalties for Underage DUI?

California underage DUI penalties are steep and should be taken seriously. Don’t think that just because you are a young person under the age of 21, the courts will take it easy on you. Any DUI arrest has the potential for serious consequences.

Underage DUI penalties often include:

  • Zero-tolerance (BAC of 0.01% or more): A civil offense that triggers an automatic one-year driver’s license suspension. Even if unimpaired, any detectable alcohol can lead to suspension.
  • Infraction DUI (BAC between 0.05-0.07%): Treated as a traffic infraction with a fine up to $100, mandatory DUI alcohol education program, and a one-year driver’s license suspension.
  • Standard DUI (BAC of 0.08% or more): A misdemeanor with penalties including jail time, fines over $2,000, DUI education, and installation of an ignition interlock device (IID).

Penalties become significantly more substantial if there is a crash, someone is injured, or you refuse a chemical test.

Do You Have to Agree to a Breath or Blood Test?

When lawfully arrested for a DUI in California, you are legally required to submit to a breath or other chemical test under the state’s implied consent law. This applies to all drivers, especially younger drivers who are already held to a stricter standard.

Under California Vehicle Code section § 23612, if an underage driver refuses a post-arrest test, it can trigger serious consequences, even if they are never convicted of a DUI. This may include:

  • Automatic one-year driver’s license suspension
  • Increased penalties if convicted of a DUI, including mandatory jail time
  • Prosecutors will likely use your refusal as evidence of guilt in court

If you are over 21 and not on DUI probation, you can legally decline a preliminary alcohol screening test. Still, you must take the post-arrest chemical test or face legal consequences. If you are under 21 or on DUI probation, you must take the preliminary alcohol screening test.

We suggest cooperating with the police during a DUI stop, but also invoking your right to remain silent. Give them the information they ask for, submit to the breath test or other chemical tests, follow the officer’s orders during the field sobriety tests, but other than that, you should remain silent. Do not attempt to defend yourself, don’t make excuses, and don’t offer information you think will be used against you in court.

You will not be able to talk your way out of this.

What Other Consequences Will You Face?

Underage DUIs in California have the potential to carry far more than just legal consequences. Many young people also suffer from these non-criminal consequences:

  • More expensive car insurance premiums because of a DUI on your record
  • College admission denials, as universities will likely check your criminal record, and any infraction can raise red flags
  • Your scholarship applications may be denied, and your current scholarships may be revoked
  • You likely will not be able to get a job that requires driving, working with minors, or handling sensitive data because of criminal background checks
  • If you are hoping to become a nurse, lawyer, teacher, or another professionally licensed profession, the licensing board may deny your application because of your criminal record

Getting charged with a DUI so young has the potential to alter the trajectory of your life entirely. That’s why you need a DUI defense attorney who will fight for your best interests and future. If you are an underage driver facing DUI charges, call 909-500-4819 to schedule a free consultation with an experienced attorney.

Do You Need a DUI Defense Attorney?

Absolutely. This is your future, most of which is still ahead of you. Criminal court can be complicated to navigate, and going into your hearing unprepared will likely spell disaster for you and your future dreams. If you have prior convictions, an attorney is necessary as penalties scale with subsequent convictions.

The DUI attorneys at Patrick Silva, Attorneys at Law, have the experience to fight your underage DUI case. We understand that people make mistakes, and we don’t want this conviction to follow you for the rest of your life, reminding you of the mistakes you made every time it shows up in a background check or causes a school to deny your application.

Call 909-500-4819 to schedule a free consultation with our knowledgeable attorneys. We are ready to take on your case, we will stand by you during your underage DUI case, and we will fight for your future.