Zero Tolerance for Underage Drivers: The Harsh Realities of DUI in California

California enforces a strict “zero tolerance policy” for drivers under the age of 21. This policy makes it illegal for underage individuals to drive with a blood alcohol concentration (BAC) of 0.01% or higher. The penalties associated with this offense vary based on the BAC level and the specific details of the case. The California Department of Motor Vehicles (DMV) has the authority to suspend or revoke the driving privileges of anyone under 21 who is arrested for DUI, even if their driving ability was not noticeably impaired by alcohol.

Consequences of an Underage DUI

The penalties for an underage DUI in California can differ significantly depending on the amount of alcohol in the driver’s blood and whether any injuries occurred as a result of a collision.

BAC Between 0.01% and 0.05%

Under California Vehicle Code §23136, driving with a BAC between 0.01% and 0.05% is classified as an infraction. Despite this, the DMV is mandated to suspend or revoke the driving privileges of any person under 21 who is detained or arrested for DUI, whether it involves alcohol alone or a combination of alcohol and drugs. If an underage driver submits to a Preliminary Alcohol Screening (PAS) test or a chemical test and the BAC level is 0.01% or more, their license will be suspended for one year. Refusing or failing to complete these tests will result in a one-year suspension. To avoid this penalty, the only option is to take the test and have a BAC below 0.01%, which requires complete cooperation with the investigation and no alcohol in the system.

BAC Between 0.05% and 0.07%

California Vehicle Code §23140 addresses underage DUIs with a BAC between 0.05% and 0.07%. This is considered an infraction, and the statute makes it illegal for individuals under 21 years of age to drive with a BAC of 0.05% or more. In addition to DMV penalties, first-time offenders under the zero-tolerance law may face a $100 fine, a three-month alcohol education program, and possibly mandatory participation in a Youthful Drunk Driving Visitation Program.

Misdemeanor Charges for Higher BAC Levels

Depending on the driver’s BAC level and behavior while driving, the district attorney may charge the individual with a misdemeanor under California Vehicle Code §23152(a) for “driving while impaired.” If the driver exhibited signs of impairment, such as speeding, weaving, or being involved in a collision, they are likely to face court charges. A misdemeanor DUI conviction can lead to three years of probation, fines and fees, community service, potential jail time, and mandatory enrollment in an alcohol education program. Additionally, a misdemeanor DUI will remain on the driver’s record for life.

DUI Charges for BAC Levels of 0.08% or Higher

California Vehicle Code §23152(b) classifies it as a misdemeanor to drive with a BAC of 0.08% or higher. If an underage driver is arrested with a BAC at or above this level, they will face DMV penalties and two misdemeanor charges in court—one for the high BAC and another under §23152(a) for driving while impaired. The court-imposed penalties for these charges are identical to those for a §23152(a) violation.

DUI with Injury: Misdemeanor or Felony Charges

If an underage driver causes injury while driving under the influence, they may be charged under California Vehicle Code §23153. This offense can be classified as either a misdemeanor or a felony, with a felony conviction carrying the possibility of prison time.

Applying for a Critical Needs License

In some cases, an underage driver may apply for a “critical needs” license from the DMV, which allows limited driving privileges during the suspension period. Under California Vehicle Code §13202.5(c), the driver can petition the court to demonstrate a significant need to drive during the suspension. There are three recognized categories of “critical needs”:

1. Driving to and from School

A critical needs license may be granted if school transportation, walking, bicycling, or other public transportation options are inadequate for regular attendance at school or other school-authorized activities. The application must be supported by a signed statement from the school principal verifying the hardship. Additional supporting documents like transcripts and class schedules may be required.

2. Driving to and from Medical Appointments

This exemption applies when public transportation is inadequate and a vehicle is necessary for attending medical appointments due to a family member’s illness. The application must include a doctor’s signature, a diagnosis, and an estimated date when the need for emergency transportation will end.

3. Driving to and from Employment

To qualify for a critical needs license under the employment category, the driver must prove that public transportation is inadequate for commuting to and from work. The driver must also demonstrate that their income is vital for providing basic necessities like food, clothing, and shelter for themselves or their family. The petition should include extensive documentation, such as local transportation maps, proof of family income, and statements from parents or guardians.

Importance of Legal Representation

The penalties for an underage DUI, both in criminal court and with the DMV, can be severe. It is crucial to seek out and hire an experienced legal team to navigate these complex legal challenges. Lamano Law Offices has a proven track record of helping underage drivers through the legal process. Our attorneys have years of experience with both the criminal court system and the DMV, and we have successfully defended underage clients, often resulting in reduced or dismissed charges, lower fines, and minimal traffic school requirements.

The Long-Term Costs of a DUI

The long-term financial consequences of a DUI conviction can be substantial. The DMV requires drivers to maintain special insurance for three years, and DUI school enrollment can range from three to nine months. If the driver is on their parents’ insurance plan, they should expect premiums to increase considerably. Moreover, there are court-imposed fines and fees, and the lasting impact of having a DUI on one’s record can affect future opportunities.