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Legal consequences of DUI charges for underage drivers

On Behalf of | Sep 26, 2024 | DUI |

Driving under the influence (DUI) laws are stricter for drivers under 21. Understanding the penalties is essential for young drivers and their families.

Zero-tolerance law

California’s zero-tolerance law under Vehicle Code 23136 makes it illegal for drivers under 21 to operate a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher. If caught, the young driver will face fines and a one-year license suspension and may have to attend an alcohol education program. 

Standard DUI for underage drivers

If a driver under 21 has a BAC of 0.05% or higher, they face additional penalties under standard DUI laws. These include fines, mandatory DUI school, and community service. The driver may also face a longer license suspension or revocation, depending on the severity of the offense.

Criminal record impact

A DUI conviction can have long-term effects on a young person’s life. It creates a criminal record, which can affect future job prospects, college applications, and other opportunities. Additionally, the costs associated with a DUI, such as increased insurance rates and legal fees, can add financial strain.

Refusing a breath test

Refusing a breath test during a DUI stop can lead to more severe penalties. Under California’s implied consent law, all drivers must submit to chemical testing if suspected of DUI. Refusing a test can result in an automatic one-year license suspension, regardless of the driver’s BAC level.

Consequences beyond criminal court

Underage drivers with a BAC of 0.08% or higher face even harsher consequences under California law. The DMV will impose its own administrative penalties, separate from any criminal charges. Additionally, underage offenders, especially those 18 or older, may have to attend alcohol education programs to address the severity of their actions. 

Understanding the lasting impact

Facing a DUI charge as an underage driver can alter the course of a young person’s future. Each case is a reminder of the importance of responsibility behind the wheel, with lasting lessons for those involved. These experiences shape decisions moving forward.