Underage DUI in California

Driving under the influence (DUI) is a serious offense in California, but when the driver is under the age of 21, the stakes are even higher. California has strict zero-tolerance laws for underage drinking and driving, meaning that even the smallest amount of alcohol in a minor’s system can result in significant legal consequences. For drivers under 21 in Ventura County, understanding the laws, penalties, and defense strategies is crucial when facing an underage DUI charge. If you or your child has been arrested for DUI in Ventura County, contact the Law Office of Paul Tyler for immediate assistance from an experienced and successful Oxnard DUI defense lawyer.
California’s Zero-Tolerance Law for Underage DUI
In California, drivers under 21 are held to a much stricter standard than adult drivers when it comes to DUI laws. While the legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%, for those under 21, the limit is much lower.
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Zero-Tolerance Law (Vehicle Code 23136): Under this law, any driver under 21 with a BAC of 0.01% or higher can face charges. This law is designed to prevent minors from drinking and driving altogether by penalizing even trace amounts of alcohol in their system.
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Vehicle Code 23140: This law applies to underage drivers with a BAC of 0.05% to 0.07%. While this offense is less serious than a standard DUI (BAC of 0.08% or higher), it still carries penalties, including a $100 fine for a first offense and at least three months of mandatory alcohol education program for offenders aged 18 or over. This infraction also carries a one-year driver’s license suspension for a first offense,
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Standard DUI (Vehicle Code 23152): If a minor is found to have a BAC of 0.08% or higher, they can be charged with the same DUI offense as an adult. This comes with harsher penalties, including possible jail time, hefty fines, and a suspended license.
Penalties for Underage DUI in California
Underage DUI penalties can vary depending on the BAC level and whether this is a first or repeat offense. Below are the penalties for different levels of DUI offenses for drivers under 21:
- Zero-Tolerance Violation (BAC of 0.01% or more)
- Penalties: License suspension for one year, fines, and possible enrollment in a DUI program.
- Additional Consequences: Although this offense does not carry criminal penalties, a zero-tolerance violation will still be noted on the minor’s driving record and can affect future employment opportunities and auto insurance rates.
- BAC of 0.05% to 0.07% (Vehicle Code 23140)
- Penalties: A fine of up to $100, license suspension for one year, and mandatory completion of a DUI education program.
- Additional Consequences: While this offense may not result in jail time, it can still significantly impact the individual’s driving record and insurance rates.
- Standard DUI (BAC of 0.08% or higher)
- Penalties: Fines ranging from $390 to $1,000, license suspension for six months, mandatory DUI education programs, probation, and possible jail time.
- Additional Consequences: A conviction for a standard DUI will leave a permanent criminal record, which can have long-term consequences on employment, education, and more.
Aggravating Factors in Underage DUI Cases
Certain factors can make an underage DUI charge even more severe. These include:
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Accidents or Injuries: If the DUI resulted in an accident or caused injury to another person, the penalties can be much harsher, including potential felony charges.
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Repeat Offenses: Prior DUI convictions or other traffic violations can increase the severity of the penalties, including longer jail time and license suspensions.
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Excessive BAC: If the driver’s BAC is significantly higher than the legal limit, the court may impose stricter penalties, including mandatory jail time.
Defense Strategies for Underage DUI Charges
If you’re facing an underage DUI charge in Ventura County, it’s important to have a strong defense strategy. A skilled criminal defense attorney like Paul Tyler will explore every possible avenue to defend your case. Some common defense strategies for underage DUI include:
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Challenging the Traffic Stop: Law enforcement must have a legitimate reason for pulling you over. If it can be proven that the stop was unlawful or there was no reasonable suspicion, the charges may be dismissed.
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Questioning the Accuracy of BAC Testing: Breathalyzers and other BAC testing devices are not foolproof. They can give inaccurate readings due to improper calibration, user error, or external factors like mouthwash or certain medications. Your attorney can challenge the validity of the test results to weaken the prosecution’s case.
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Proving Lack of Probable Cause for Arrest: Even if the police officer had a valid reason for the stop, they must have had probable cause to make the arrest. Lack of sufficient evidence can result in the charges being dropped.
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Errors in the Field Sobriety Test: Field sobriety tests are often subjective and can be influenced by nerves, fatigue, or even the environment. Your attorney can challenge the results of the test to cast doubt on the prosecution’s claims.
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Violation of Your Rights: If your rights were violated during the arrest process, such as failure to read your Miranda rights or unlawful search and seizure, your attorney may be able to get the evidence thrown out, significantly weakening the case against you.
Contact Oxnard Attorney Paul Tyler for DUI Defense in Ventura County
Underage DUI charges in California carry significant penalties that can have long-lasting effects on your future. However, you don’t have to face these charges alone. With the help of experienced Ventura County DUI defense attorney Paul Tyler, you can build a strong defense and fight for the best possible outcome. If you or a loved one is facing an underage DUI charge in Ventura County, contact the Law Office of Paul Tyler today at 805-889-9000 to discuss your case and explore your legal options.