California DUI & Minors Under 21 Years Old
If a person under the age of 21 gets arrested for DUI/drunk driving in California, he/she faces the possibility of three separate DUI penalties:
I. The DUI Zero-Tolerance Law: A One Year License Suspension
California Vehicle Code 23136 makes it illegal for a minor, juvenile or person under 21 years of age to drive a vehicle with a blood alcohol concentration (BAC) of .01 or higher.
If the underage driver is determined to have a BAC of .01 or higher, the DUI officer will confiscate his drivers license. The minor will then be entitled to a DMV hearing as to whether the evidence confirms his BAC to have been at least .01 at the time of driving.
If the minor loses his DMV hearing, his California drivers license will be suspended for one year. If the minor wins his DMV hearing, no suspension will be imposed.
The underage person arrested for DUI/drunk driving has a right to be represented by his DUI defense attorney at the DMV hearing. He also has the right to testify, to call witnesses, and to cross-examine the state's witnesses.
II. Infraction For Drivers Under 21 With a .05 BAC or Higher
California Vehicle Code 23140 makes it an infraction for a minor, a juvenile or a person under 21 to drive with a BAC of .05 or higher.
If a minor is convicted of this section as well as the standard adult DUI charge (driving under the influence or driving with a BAC of .08 or higher), the court may require him to attend an alcohol education/rehabilitation program for young offenders.
III. The Standard California DUI Charges
If the underage driver appears to be under the influence, or a breath or blood test indicates a BAC of .08 or higher, then he will likely be charged with the adult misdemeanor crime of DUI.
If convicted, the court imposes on the minor the same DUI/drunk driving penalties that it does on an adult: probation, fines, an alcohol program, a driving restriction, and possibly jail time or labor. But these penalties come in addition to the two mentioned above: the .05 BAC alcohol rehabilitation program and the zero tolerance one-year license suspension.
Internet Resources:
- NHTSA Article on Juvenile DUI/ Drunk Driving - Discussion of efforts to combat juvenile drunk driving/DUI by the National Highway Traffic Safety Administration.