Driving under the influence (DUI) is a serious offense in California, and the laws are even stricter for individuals under 21. As a zero-tolerance state, California imposes severe consequences for underage drivers caught with any measurable amount of alcohol in their system.
At Griffin Law Office, our San Diego criminal defense attorney understands the significant impact these charges can have on young lives and works diligently to protect the rights of those facing underage DUI charges in San Diego. Here’s what you need to know.
California’s Zero-Tolerance Policy for Underage DUIs
Under California Vehicle Code Section 23136, drivers under the age of 21 are prohibited from operating a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher. This is far stricter than the 0.08% BAC limit for drivers over 21.
If an underage driver is found with any detectable amount of alcohol in their system, they can face administrative penalties, including:
- License Suspension: The Department of Motor Vehicles (DMV) can impose a one-year license suspension for a zero-tolerance violation.
- Fines: The individual may face fines and administrative fees.
- Mandatory Education Programs: Attendance in a DUI education program may be required.
For underage drivers with a BAC of 0.05% or higher, the consequences escalate under California Vehicle Code Section 23140.
In addition to administrative penalties, individuals may face misdemeanor charges, including:
- Fines and Court Costs: These can quickly accrue hundreds or thousands of dollars.
- Mandatory DUI School: Completion of an alcohol education program is required.
- Probation: Young drivers may be placed on probation, restricting their driving and other activities.
If the BAC is 0.08% or higher, the individual will face the exact DUI charges and penalties as an adult, including potential jail time, more significant fines, and a longer license suspension.
Additional Consequences for Underage DUIs
The repercussions of an underage DUI go beyond legal penalties.
A conviction can also lead to:
- Increased Insurance Rates: Car insurance premiums often skyrocket after a DUI.
- Educational and Career Impact: A DUI conviction can affect college applications, scholarships, and job prospects.
- Criminal Record: Even as a misdemeanor, a DUI conviction can remain on a young driver’s record, potentially affecting their future.
What is the Implied Consent and Chemical Testing Law in California?
California’s implied consent law means that by driving, individuals under 21 automatically agree to submit to chemical testing if suspected of a DUI. Refusing to take a breathalyzer or blood test can result in harsher penalties, including a longer license suspension.
What Defenses are Available for Underage DUI Charges in California?
If you or a loved one is facing an underage DUI charge in San Diego, it’s critical to consult an experienced criminal defense attorney. At Griffin Law Office, we analyze the specifics of each case to build a strong defense tailored to each client’s needs.
Potential defenses may include:
- Challenging the validity of the traffic stop.
- Questioning the accuracy of the BAC test.
- Demonstrating a violation of the individual’s rights during the arrest process.
Underage DUI charges can feel overwhelming, but they don’t have to define your future. At Griffin Law Office, we are committed to defending young individuals against DUI allegations and working toward the best possible outcome.
Contact Our San Diego Criminal Defense Attorney Today
If you or someone you know is facing an underage DUI charge in San Diego, Call 619-269-2131 to speak with our skilled San Diego criminal defense attorney today, or contact us online. Let us help protect your rights and guide you through this challenging time. Your future matters, and we’re here to fight for it.