Driving Under the Influence (DUI) laws for minors in the state of California are among the strictest in the nation. Many teenagers make the mistake of drinking while under age 21 and some even make the further mistake of driving after they drink alcohol. Some San Mateo juvenile DUI defense attorneys say it's important for young adults in California to understand the penalties they face if they suddenly find themselves charged with a juvenile DUI or an adult DUI charge.
California's Zero Tolerance Law
California takes a "zero tolerance" approach to underage drinking and driving. If a driver under the age of 21 registers a 0.01 percent Blood Alcohol Concentration or higher, he or she faces underage DUI charges. If the driver's BAC is 0.05 percent or higher, the driver could also face adult DUI charges and be arrested.
Possession of Alcohol in California
California law prohibits minors from even possessing alcohol while driving. A minor cannot even have a container of alcohol in the vehicle while driving, even if unopened. However, there are two exceptions to this law:
- The minor is accompanied by his or her parents
- The minor is employed by a licensed liquor seller and is transporting the alcohol in the course of employment in sealed containers
If the police find alcohol in a vehicle a minor is driving, he or she may face DUI charges, even if he or she had not been drinking.
Penalties for Underage DUI in California
All underage DUI convictions result in at least a one-year driver's license suspension for a first offense. Subsequent offenses increase the length of the suspension. Drivers who are under 18 years old convicted of DUI lose their licenses until they are 18 years old or for one year, whichever is longer. In addition, a judge may choose to confiscate the vehicle of a person convicted of underage DUI.
An underage driver stopped on suspicion of DUI who refuses to submit to a chemical test loses his or her license for one year for the first refusal. Any subsequent refusals within the next ten years increase the time that the driver will lose his or her license for refusal to submit to a chemical test.
Additionally, a driver convicted of an underage DUI will have to provide proof of financial responsibility in order to restore his or her driver's license after suspension, in addition to paying fines and attending alcohol classes.
Those drivers who are under 18 and arrested for DUI are not entitled to a jury trial. Instead a judge hears evidence in the matter and issues punishment. A driver over 18 but under 21 who faces DUI charges progresses through the adult court system and faces all of the possible punishments that an adult over 21 faces, including jail time, fines and alcohol classes.
California's underage DUI laws are strict and police are vigilant in enforcing those laws. Drivers under age 21 should understand the repercussions they face with DUI.
