California’s underage DUI laws (California Vehicle Code 23136) are among the toughest in the nation. If you or someone you know is being accused of underage drinking and driving, you need to contact an experienced Wallin & Klarich DUI defense attorney immediately. We will fight for your rights.
Prosecution for Underage DUI
Under the “Zero Tolerance Law,” it is illegal for anyone under 21 years of age with a Blood Alcohol Content (BAC) of 0.01% or greater (any measurable amount of alcohol) to drive a vehicle. This means that you may be convicted for underage DUI even after consuming one drink if you are under the age of 21. To convict you for underage DUI, the prosecution must prove that:
- You were under the age of 21 at the time of the incident
- You were driving a vehicle; AND
- You had a BAC over 0.01% at the time you were driving the vehicle
If your BAC was over 0.08% at the time of your arrest, then you will also be charged with a misdemeanor DUI under CVC 23152.
Punishment for Underage DUI
If you are convicted of underage DUI, for violating CVC 23136, your sentence will vary depending on that BAC level at the time of the arrest. If you had a BAC between 0.01% but less than 0.05% and submitted to a chemical or blood test, then you face a sentence of up to six months in county jail. Also, you will automatically have your driver’s license suspended for one year. If you refused to submit to a chemical or blood test and your BAC was between 0.01% and 0.05%, you could face up to a three year suspension of your driver’s license.
If you are convicted of having a BAC level over 0.05%, but under 0.08%, then you face an infraction, punishable by a sentence in county jail for up to six months and a $100 fine for your first offense. (CVC 23140). For your second offense of this section, you face up to one year in county jail and your fine will be $200; and the third offense, you also face one year in county jail and your fine will be $300. Also, your license will be suspended for one year and you will be required to complete an alcohol program.
If you are convicted of a misdemeanor DUI, then you can be sentenced to up six months in custody and fined between $390 and $1,000 for your first conviction. In addition, you will have your driver’s license suspended for six months, pay other court costs, and be placed on probation.
Individuals who have been convicted of an underage DUI may have to list that infraction on their college applications. This can bar you from being accepted into the college that your wish to attend. The negative implications of a DUI conviction can have long-lasting effects on your life.
California DUI Attorney
If you were arrested and charged with a DUI, you should immediately contact one of our experienced California DUI attorneys at Wallin and Klarich. Wallin & Klarich has been successfully defending clients charged with DUI for over 30 years. We have the experience to defend our clients and prevent you from going to jail and having your driving privileges suspended. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.
Please call us at (877) 4-NO-JAIL or (877) 466-5245. We will fight for you.