California has strict alcohol-related driving laws for anyone under the age of 21. An underage driver can face serious driver’s license consequences with a blood alcohol concentration far below the standard .08% limit, and higher BAC levels may result in additional criminal charges.
If you or your child has been arrested or cited for an underage DUI in Fresno, it is important to understand exactly which California law is being alleged and what consequences may follow.
Fresno DUI attorney Gregory W. Fox has more than 20 years of criminal defense experience and represents young drivers facing DUI charges and related driver’s license proceedings throughout Fresno and Central California.
Call (559) 222-5800 to request a consultation.
California Underage DUI Laws
California’s underage drinking and driving laws are different from the laws that apply to drivers age 21 and older.
For drivers under 21, several different blood alcohol concentration (BAC) levels can become important:
- .01% or higher: California’s zero-tolerance law can result in driver’s license consequences for an underage driver.
- .05% or higher: An underage driver may face additional consequences under California’s under-21 drinking and driving laws.
- .08% or higher: An underage driver may also face the standard DUI laws that apply regardless of age.
A young driver may also be charged with driving under the influence even when the reported BAC is below .08% if prosecutors allege that alcohol or drugs impaired the driver’s ability to safely operate a vehicle.
Understanding which law applies is therefore one of the first steps in evaluating an underage DUI case.
For a broader explanation of California DUI laws and BAC limits, see our guide to California DUI laws, BAC limits, and penalties.
California’s .01% Zero-Tolerance Law
California has a zero-tolerance alcohol law for drivers under the age of 21.
Under California Vehicle Code § 23136, an underage driver can face driver’s license consequences for operating a vehicle with a BAC of .01% or higher as measured by a preliminary alcohol screening test or other chemical test.
Because .01% is such a low threshold, even a relatively small amount of alcohol may potentially result in a zero-tolerance violation.
A .01% case should not automatically be treated as though it were the same as a standard adult DUI prosecution. The specific statute involved and the consequences that follow depend upon the driver’s BAC, age, circumstances of the stop, and other evidence.
What Happens if an Underage Driver Has a BAC of .05% or Higher?
California Vehicle Code § 23140 applies specifically to drivers under 21 who operate a vehicle with a BAC of .05% or higher.
This is separate from the .01% zero-tolerance provision.
If a preliminary alcohol screening test indicates a BAC of .05% or greater, law enforcement may require additional chemical testing. The resulting evidence can lead to additional proceedings and driver’s license consequences.
Because California has multiple overlapping laws involving drivers under 21, it is important to determine whether the case involves a .01% zero-tolerance allegation, a .05% underage drinking-and-driving allegation, a standard DUI charge, or more than one of these issues.
What Happens if an Underage Driver Has a BAC of .08% or Higher?
Being under 21 does not prevent prosecutors from filing the same basic DUI charges that can be filed against an adult driver.
If an underage driver’s BAC is .08% or higher, prosecutors may pursue a DUI charge under California Vehicle Code § 23152 in addition to any underage alcohol-related consequences that apply.
A driver under 21 can therefore potentially face both criminal DUI proceedings and separate California DMV consequences.
Can You Get a DUI Under 21 With a BAC Below .08%?
Yes.
California’s DUI laws do not require every prosecution to be based on a BAC of .08% or higher.
A person may be charged with driving under the influence when prosecutors allege that alcohol, drugs, or a combination of the two impaired the person’s ability to operate a vehicle safely.
For an underage driver, this means there may be several different legal issues arising from the same traffic stop.
The defense should examine the specific charge, chemical-test results, driving behavior, observations made by law enforcement, field sobriety testing, and other evidence rather than focusing solely on a single BAC number.
Driver’s License Consequences for an Underage DUI
One of the most immediate concerns in an underage DUI case is the driver’s license.
An underage driver with a BAC of .01% or greater may face a one-year suspension of driving privileges under California’s zero-tolerance law.
This can create significant practical problems for a young person who relies on driving to attend school, college, work, medical appointments, or other activities.
The DMV proceeding involving the driver’s license is separate from any criminal court case that may arise from the same incident.
That distinction is important. A favorable result in one proceeding does not necessarily resolve the other.
Underage DUI and the California DMV
After certain DUI-related arrests or zero-tolerance violations, the driver may receive paperwork notifying them of a proposed suspension or revocation.
California DMV deadlines can begin immediately.
A driver generally has only 10 days after receiving the suspension or revocation notice to request a DMV administrative hearing.
The purpose of the hearing is to challenge the proposed administrative action against the driver’s license.
Because this deadline can expire well before the first criminal court appearance, families should not assume that they can simply wait for the court date before addressing the driver’s license issue.
Gregory W. Fox represents clients in Fresno DUI cases and related DMV proceedings.
What Happens if an Underage Driver Refuses a Chemical Test?
Refusing or failing to complete a required alcohol screening or chemical test can create additional driver’s license consequences.
For a driver under 21, a first qualifying refusal may result in a one-year suspension. Longer revocation periods may apply when there are qualifying prior offenses.
Whether a legally sufficient refusal actually occurred can sometimes become an issue.
The defense may examine:
- What test the officer requested
- What the driver was told about the consequences of refusing
- Whether the driver actually refused or attempted to comply
- Whether the detention or arrest was lawful
- Whether required procedures were followed
The specific facts surrounding the testing request should be reviewed carefully.
Penalties and Other Consequences of an Underage DUI
The consequences of an underage drinking-and-driving case depend on the statute involved, BAC level, prior history, whether there was an accident or injury, and other circumstances.
Potential consequences may include:
- Driver’s license suspension or revocation
- Fines and assessments
- Alcohol or DUI education requirements
- Probation or other court-ordered conditions
- Criminal charges when the conduct qualifies as a DUI or another offense
- Increased insurance costs or difficulty maintaining coverage
- Problems involving employment, school, or other opportunities
The consequences can differ significantly between a .01% zero-tolerance matter and a criminal DUI case. An attorney can review the citation, arrest paperwork, BAC evidence, and DMV notice to determine what the young driver is actually facing.
What if Someone Was Injured?
An underage DUI case becomes considerably more serious when an accident results in injury.
Depending upon the circumstances, prosecutors may pursue additional or more serious criminal charges.
These cases may involve accident reconstruction, witness statements, medical records, toxicology evidence, surveillance or traffic-camera footage, cellphone data, and other evidence concerning how the collision occurred.
The defense should begin reviewing and preserving potentially important evidence as early as possible.
Defenses to an Underage DUI Charge
An arrest, citation, or chemical-test result does not automatically establish that an underage driver is guilty of every alleged offense.
The appropriate defense depends upon the particular charge and evidence.
Potential issues may include:
Was the Traffic Stop Legal?
Law enforcement generally needs a lawful basis to stop or detain a vehicle. The defense can examine what the officer observed and whether the circumstances justified the stop.
Can the Prosecution Prove Who Was Driving?
In some cases, particularly accidents or situations where police arrive after driving has ended, identity may become an issue.
Ownership of a vehicle does not necessarily prove who was driving it.
Was the BAC Test Accurate?
Breath and blood testing should be carefully reviewed.
Potential issues may involve testing procedures, equipment, calibration, blood collection and storage, laboratory analysis, timing, and other circumstances affecting the reliability or significance of the reported BAC.
Was the Driver’s BAC Still Rising?
Alcohol is absorbed into the bloodstream over time.
A chemical test taken after driving may produce a higher BAC than the driver had while actually operating the vehicle. Depending on the timing of alcohol consumption and testing, this may become relevant to the defense.
Do the Officer’s Observations Establish Impairment?
Red eyes, nervousness, poor performance on field sobriety tests, or other observations may have explanations unrelated to intoxication.
Video evidence, physical conditions, road conditions, fatigue, anxiety, and the way testing was conducted may all be relevant.
Were the Driver’s Constitutional Rights Respected?
Statements, searches, detention, arrest, and evidence collection may raise constitutional or procedural issues.
Every case should be evaluated based on the actual evidence rather than simply assuming that the allegations in a police report are correct.
What Should I Do if My Child Was Arrested for DUI?
Learning that your son or daughter has been arrested or cited for drinking and driving can be overwhelming, particularly when you are unfamiliar with California’s juvenile, criminal, and DMV systems.
There are several practical steps parents can take:
- Keep all paperwork provided by law enforcement. This may contain important information about court dates and DMV deadlines.
- Do not ignore the DMV notice. The deadline to request an administrative hearing may be much earlier than the first court date.
- Preserve information about what happened. Photographs, messages, receipts, location information, passenger information, and other evidence may later become relevant.
- Avoid discussing the incident publicly or on social media. Statements made after an arrest can potentially become evidence.
- Have an attorney determine exactly what laws are involved. A .01% zero-tolerance case is not necessarily the same as a standard DUI prosecution.
The driver’s age also matters. A case involving a driver who is under 18 may proceed differently from a case involving an 18-, 19-, or 20-year-old.
Gregory W. Fox can review the allegations and explain which court and DMV proceedings may apply to your child’s particular situation.
Frequently Asked Questions About Underage DUI in California
Can you get in trouble for driving with a .01% BAC if you are under 21?
Yes. California’s zero-tolerance law applies to drivers under 21 with a BAC of .01% or higher and can result in significant driver’s license consequences.
Is a .01% violation the same as an adult DUI?
Not necessarily. California’s .01% zero-tolerance law is distinct from the standard DUI laws. Depending on the BAC and circumstances, however, an underage driver may face more than one type of allegation or proceeding.
What happens if an underage driver’s BAC is .05% or higher?
California has a separate law addressing drivers under 21 with a BAC of .05% or greater. Additional chemical testing and legal consequences may follow depending on the circumstances.
What happens if an underage driver’s BAC is .08% or higher?
An underage driver with a BAC of .08% or greater may face the same standard California DUI charges that can apply to drivers over 21, in addition to any underage alcohol-related consequences.
Will an underage DUI suspend my driver’s license?
A driver under 21 with a BAC of .01% or higher may face a one-year driver’s license suspension under California’s zero-tolerance law. Other suspension or revocation rules can apply depending on the charge, BAC, testing, and prior history.
Can an underage DUI be dismissed or reduced?
Potential outcomes depend on the particular charge and evidence. Issues involving the traffic stop, chemical testing, BAC, impairment, identification, constitutional violations, or other evidence may affect how a case is resolved.
No result can be guaranteed.
Can an underage DUI be expunged?
Some qualifying California DUI convictions may later be eligible for dismissal under California’s record-clearing laws.
An expungement does not erase every consequence of a DUI and does not necessarily prevent a conviction from being considered as a prior offense if another DUI occurs within the applicable period.
Learn more about California expungement and post-conviction relief.
Speak With a Fresno Underage DUI Attorney
An underage DUI or zero-tolerance violation can threaten a young driver’s license and may create consequences that extend well beyond the immediate arrest or citation.
Gregory W. Fox has more than 20 years of criminal defense experience and personally handles the cases accepted by the Law Office of Gregory W. Fox. He represents young drivers facing DUI allegations and related DMV proceedings in Fresno and throughout Central California.
If you or your child has been arrested, cited, or accused of an underage DUI, contact the Law Office of Gregory W. Fox to discuss the case.
Call (559) 222-5800 to request a consultation.