Getting a DUI under 21 in California is no small matter. The state’s strict “zero tolerance” law means that even a tiny amount of alcohol in the system can lead to big trouble for young drivers. But what really happens if someone falls into this situation?
For many underage drivers, a DUI arrest can affect more than just their driving privilege - it can have a serious impact on their future. Understanding the potential consequences, from license suspension to DUI school, is important, especially for young people who are still building their lives.
The rules for underage drinking and driving are different from the standard DUI laws most adults know. With a lot of legal terms getting thrown around, it’s easy to feel overwhelmed.
But what do these terms actually mean, and what happens if you get a DUI under 21 in CA? For underage drivers, knowing what’s at stake is important before making any decisions on the road. Goss Law also has insight on how to get a dui dropped to reckless driving in CA.
California’s Zero Tolerance Law for Underage Drinking and Driving
California has some of the strictest DUI laws for underage drivers. Under the zero-tolerance law, any underage driver with a blood alcohol concentration (BAC) of 0.01% or higher can face serious legal consequences.
This rule is different from the adult DUI legal limit of 0.08%. Because of this strict policy, even tiny amounts of alcohol can get an underage individual into trouble.
What Counts as a Violation?
Violating the zero-tolerance law isn’t just about having a few drinks. It can be triggered by something as small as a sip of beer or even certain medications. If an underage driver is caught with any amount of alcohol in their system - whether from cough syrup or an alcoholic beverage - they can be charged with an underage DUI.
A preliminary alcohol screening test is typically used to measure BAC on the spot. Even if a chemical test later shows the BAC is slightly above 0.01%, it’s still a violation under California laws.
Consequences of Violating the Law
The consequences of breaking the zero-tolerance law are not light. For a first offense, an underage driver's license could be suspended for up to one year. If the driver doesn’t have a driver's license yet, there may be a delay in getting it.
Essentially, the penalties can include attending DUI school, paying fines, or completing an alcohol education program. It’s important to know that even a minor DUI conviction can affect an underage driver’s driving privilege for years to come.
Types of Underage DUI Charges in California
California has several different DUI charges for underage drivers, depending on their blood alcohol concentration (BAC). Each charge comes with its own set of penalties.
VC 23136: Zero-Tolerance BAC of 0.01% or Higher
Under this zero-tolerance law, having even a trace of alcohol in the system (0.01% BAC or more) is enough to get an underage driver in trouble. Usually, this law applies to cases where the driver isn’t showing signs of being under the influence but still tests positive for alcohol through a preliminary alcohol screening test.
VC 23140: Underage DUI with BAC of 0.05% or Higher
This charge is more serious and involves driving with a BAC of 0.05% or higher. Even if the driver isn’t impaired, having this level of alcohol is considered an underage DUI. It often leads to tougher penalties, such as higher fines or mandatory DUI school.
VC 23152: Standard Adult DUI with BAC of 0.08% or Higher
Lastly, this is the same law that applies to adult drivers. A BAC of 0.08% or higher results in a standard DUI conviction. Underage drivers charged under this law can face penalties similar to those for adults, such as possible jail time and a license suspension.
Violating any of these laws can have serious consequences for a young person, from a one-year driver's license suspension to mandatory alcohol education programs and fines. For more serious offenses, there can be longer suspensions, loss of driving privilege, or the need to apply for a restricted license.
Immediate License Suspension and DMV Hearings
After an underage driver is arrested for drunk driving, there’s more to deal with than just the court case. The driver's license is often suspended almost immediately, even before a court date.
An underage driver arrested for driving under the influence in California usually faces an “Admin Per Se Suspension.” This means that the driver's license can be suspended right away if the preliminary alcohol screening test or chemical test shows a BAC of 0.01% or more.
For a first offense, this can result in a one-year driver's license suspension. If the driver refuses the test, the suspension can be even longer.
How the DMV Handles License Suspensions
The DMV handles these suspensions separately from the court. It has the authority to suspend a license based on the arrest alone, even if the underage driver hasn’t been convicted yet. This process is called an administrative suspension and is different from penalties handed out by the court.
Once the underage driver receives the suspension notice, they have 10 days to request a DMV hearing. Normally, this hearing gives the driver a chance to challenge the suspension and present evidence or arguments against it. Missing this 10-day window means the suspension automatically takes effect, and driving privileges are lost for up to one year.
During the DMV hearing, the underage driver can be represented by an attorney and even question the arresting officer. If the DMV rules in favor of the driver, the license suspension is canceled. However, if the suspension is upheld, the driver might still have options such as applying for a restricted license that allows driving to work or school.
Penalties for Underage DUI Conviction
When an underage person in California is convicted of driving under the influence, the consequences can go beyond just losing the driver's license. For a first offense, penalties usually include fines, mandatory DUI school, and an alcohol education program. The license suspension can last up to a year, and if the person doesn’t have a driver's license yet, there may be a delay in getting one.
Naturally, the penalties get worse for higher blood alcohol concentration levels or repeat offenses. Underage DUI penalties can include community service, probation, or even jail time. In places such as Los Angeles County, drivers might also have to install an ignition interlock device (IID) on their car, which prevents the vehicle from starting until they pass a breathalyzer test.
Financially, a DUI conviction can be rough. Insurance premiums often skyrocket, which makes it really expensive to stay insured. Some insurance companies might even cancel coverage entirely. That’s on top of any fines or court fees, which can be pretty high.
Altogether, getting convicted of drunk driving as an underage individual isn’t just a legal issue. It’s a huge financial burden that can affect everything from getting insured to job opportunities later on.
Refusal to Take a Chemical Test: Additional Penalties
Refusing to take a chemical test after being stopped for drunk driving can lead to some pretty tough penalties. For underage drivers, saying no to a chemical test can result in an automatic one-year driver's license suspension. And if there have been prior driving under the influence offenses, the suspension can last even longer.
This refusal doesn’t just affect the driver's license. It can also make things worse during the DMV hearing. If an underage driver refuses a chemical test, it’s often seen as an indication of trying to hide something.
That can result in harsher penalties and make it more difficult to get the suspension reduced or dismissed during the DMV hearing. The DMV may even take away any chance of getting a restricted license, which would allow limited driving.
Overall, refusing a test doesn’t help a case. Instead, it leads to stricter underage DUI penalties, a longer license suspension, and can hurt the driver’s chances of keeping their driving privileges. It’s important to understand that under California’s DUI laws, refusing a test is treated very seriously and can have long-lasting effects.
Special Cases: College Students and Underage DUI
A DUI conviction can have serious consequences for college students beyond just losing a driver's license. Many schools have their own rules for handling driving under the influence cases, which can include probation, community service, or even being kicked out of student housing. Some students might also lose their scholarships or other financial aid, which makes it much more difficult to afford their education.
In addition, getting a DUI conviction could mean having to report it on future school applications for graduate programs or other academic opportunities. Colleges and universities may view this conviction as a mark against character or judgment, which could impact acceptance chances.
Employment opportunities can also take a hit. Many employers do background checks, and a DUI conviction can make it challenging to find a job, especially in fields that require a clean record. Internships, part-time jobs, and even volunteer positions might become less accessible.
For students looking to enter competitive fields, having a DUI on their record could limit options and make starting their careers more challenging. Students need to understand how serious a DUI charge can be and its impact on their future plans.
Getting a Restricted License After an Underage DUI
An underage driver in California can sometimes apply for a restricted license after a DUI-related suspension. To be eligible, the driver must have taken the chemical test and not refused it during the arrest. This restricted license usually allows driving to important places such as school, work, or DUI-related programs, but nothing beyond that.
Applying for a restricted license involves filling out an SR-22 form, which proves financial responsibility (basically, insurance coverage). The driver must submit this form to the DMV along with a reissue fee. It's important to remember that the DMV can deny the request if the suspension was due to refusing a chemical test.
Another thing that's important to know is that a restricted license comes with strict limitations. A restricted license is meant only for driving to and from work, school, or court-ordered programs such as DUI classes. Violating these terms can lead to a full suspension of the license again, which can make things even worse.
While getting a restricted license can help keep life moving after a DUI, it’s not a free pass to drive anywhere. Understanding these rules can help an underage driver stay on track and avoid further complications while dealing with the consequences of a DUI.
Legal Defenses Against Underage DUI Charges
There are several legal defenses that a DUI law firm in Sacramento CA might use to challenge an underage DUI charge. One common approach is questioning the accuracy of the testing equipment.
If the chemical test device was not calibrated correctly or malfunctioned, the results might not be reliable. Lawyers might also argue that the officer didn’t follow proper procedures during the chemical test, which can lead to inaccurate results.
Another defense is the lack of probable cause for the traffic stop. If the officer didn’t have a valid reason to pull the car over in the first place, any evidence collected during the stop could be thrown out. Essentially, this could include the results from the chemical test or any observations made by the officer.
The “rising BAC” argument is another strategy. This defense claims that the driver’s BAC was actually lower while driving but increased between the time of the stop and the test.
Since alcohol takes time to be absorbed into the bloodstream, it’s possible that the BAC was below the legal limit while driving, only to rise above it later. By using these defenses, a lawyer can help reduce the penalties or even get the case dismissed, depending on the circumstances surrounding the arrest.
Final Thoughts
Understanding California’s DUI laws and how they impact young drivers is extremely important. Getting an underage DUI can carry serious consequences, but that doesn’t mean all hope is lost. There are legal options to reduce the damage, and seeking professional advice can make a big difference. They can also help with questions like how often are dui charges reduced in CA?
Goss Law in Sacramento, California, is available 24/7 to help if someone faces an underage DUI charge. Our experienced team knows how to handle these cases and can provide guidance on the best steps to take.
Drivers can call us or fill out our online contact form to get started. The right legal support can help anyone go through this difficult situation and work toward the best possible outcome.
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