Drinking and driving will always increase the risk of a serious accident or injury; if you’re under the age of 21, then the chances of being in a severe crash increase even more after drinking. According to driving fatality data from Responsibility.org, California’s percentage of underaged alcohol-impaired driving fatalities is 28 percent. That’s 4 percent higher than the national average of 24 percent.
To combat these statistics, the state of California has passed stringent underage DUI laws. Ingesting even the smallest amount of alcohol in California (only above .01 % BAC) could result in a zero tolerance DUI. The blood-alcohol concentration threshold is so low for underage drivers that in fact taking cough syrup or a mouth numbing ointment before driving could raise BAC levels above .01 %. That means you could be charged with DUI while underage even if you never took a sip of an alcoholic drink.
San Diego Attorney for Underage DUI
If you or your child has been charged with underaged DUI, we urge you to seek legal representation as soon as possible. While some law enforcement officials may offer alternative sentencing to underage drinkers, their parents may not be so lucky.
The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
Overview of Underage DUI in California
- Zero Tolerance Laws in California for People Under 21
- BAC of .01
- BAC of .05
- BAC of .08
- Additional Resources
Zero Tolerance Laws in California for Drivers Under 21
In an effort to stop underage drinking and driving, the state of California has imposed a “zero tolerance” law. The law can be found under Vehicle Code 23136, which states it’s a civil offense for anyone under the age of 21 to drive with a blood-alcohol concentration (BAC) of .01% or higher. In comparison, a standard DUI has a BAC threshold of .08 or higher. The BAC amount for an underage DUI is so low that even consuming the following could raise it above .01%.
- Topical mouth numbing ointment
- Homeopathic medicine
- Cough syrup or nighttime cold medicine
If you’re pulled over on suspicion of underage DUI, then law enforcement will likely ask you to undergo a preliminary alcohol screening test (PAS). These are roadside tests given on either a breathalyzer or another similar device designed to test a breath, blood, or urine sample. Driver over the age of 21 have the option to bypass PAS testing. However, underage drivers are implicitly deemed to have already given consent to a PAS test under California law.
Essentially, this means refusing a PAS test is an administrative violation. You won’t be criminally charged for refusing the test, but your driver’s license will be automatically suspended for one year. You’ll also be ineligible for a restricted hardship license if you refused a PAS test.
It’s important to note that zero tolerance laws in California apply whether the driver was actually impaired by alcohol or not while driving. Unlike a standard DUI, an underage driver violates the law by simply having any measurable amount of alcohol in their system. So, the penalties for zero tolerance DUI in California is determined by the driver’s BAC level.
Underage DUI with a BAC of .01 or higher in California
The lowest threshold for an underage DUI in California is a measly .01 % BAC. This is such a low blood-alcohol concentration that you could meet it by simply ingesting some cough syrup before driving. Having a BAC of .01 or higher is a violation of VC 23136, but it’s not considered a criminal offense. Instead, those with a BAC higher than .01% will face an administrative penalty.
The punishment for violating VC 23136 is a one-year mandatory suspension of your license. However, this is for your first offense. If you have a criminal history of violating drunk driving laws, then your license could be revoked for up to three years.
Underage DUI with BAC of .05 or higher in California
The penalties for underage DUI ramp up if you have a blood-alcohol concentration of .05 % or higher. However, you’re still unlikely to face jail time for a DUI of this level. Violation of this law under VC 23140 will result in a minor infraction, which is a low-level criminal offense similar to a traffic ticket.
If you’re convicted of driving with a BAC of .05 or higher, then you may face:
- A one-year driver’s license suspension
- A fine of up to $100
- If you’re at least 18, then you’ll also take a mandatory alcohol education program for at least three months
Underage DUI with BAC of .08 or higher in California
A person under the age of 21 can also face an “adult” DUI. Underage drivers can be charged with a standard DUI if:
- The driver is mentally and physically impaired due to alcohol or drugs; and
- They had a blood-alcohol concentration (BAC) of .08% or higher
If no one sustains a serious injury because of the DUI, then the crime is a misdemeanor. Penalties for a first-time DUI include:
- One-year driver’s license suspension
- Three to five years of informal probation
- A fine of up to $1,000
- An alcohol or drug education program for three or nine months
- In some cases, up to 6 months in jail
Additional Resources
Underage DUI Laws in California – Visit the official website for the California Legislature to read up on their laws regarding underage DUI. Access the site to learn what happens if you refuse a PAS test as a minor, the police procedures during a PAS test, and penalties for underage DUI.
Mothers Against Drunk Driving | MADD Southern California – Visit the official website for Mothers Against Drunk Driving to learn about their chapter based in southern California. Access the site to read underage DUI statistics regarding accidents a day, injuries per year, and DUI-related deaths per year.
Hire a DUI Attorney for Drivers Under 21 in San Diego County, CA
For more information about zero tolerance laws in California and what to do if you’re charged, contact The Law Offices of Michael E. Cindrich.
The Law Offices of Michael E. Cindrich defends those charged with DUI in San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.