Orange County Underage DUI Lawyers

Understanding Underage DUI in Orange County

Many people believe that DUI laws only apply when a driver is “drunk,” but in California, drivers under the age of 21 are held to an even stricter standard. If you are under 21, you can face DUI-related penalties even if your blood alcohol concentration (BAC) is well below the legal limit for drivers over 21.

This means that something as simple as having one drink and getting behind the wheel can result in serious consequences. Colleges, employers, and professional licensing boards also take DUI charges seriously, so the impact of an underage DUI can follow you long after the court case is resolved.

Working with an experienced Orange County underage DUI lawyer can help ensure that your side of the story is heard and your future is protected.

California Underage DUI Penalties

The penalties for underage DUI in California vary depending on the circumstances of the case and the driver’s BAC level. 

BAC of 0.01% or Higher (Zero Tolerance Law)

• Automatic 1-year driver’s license suspension

Drivers should be aware that a Zero Tolerance violation, while seemingly minor due to the low BAC threshold, carries consequences that can affect daily life, including the inability to legally drive to school or work and higher auto insurance rates that could last for years.

BAC of 0.05% or Higher

• 1-year driver’s license suspension
• Fine of $100 or higher
• Enrollment in an alcohol education program

The fines imposed for higher BAC levels serve as a financial deterrent, emphasizing the cost implications of underage DUI. Participation in an alcohol education program is mandatory, aiming to educate young drivers on the seriousness of their actions and to promote better decision-making in the future.

BAC of 0.08% or Higher (Adult DUI)

If a minor is caught driving with a BAC of 0.08% or higher, they can be charged with the same DUI offense as an adult. 

The penalties for this include:

• Fines up to $1,000
• Up to 6 months in jail
• Mandatory DUI school and potentially community service
• License suspension for 1 year or longer

The severity of penalties for minors mirroring adult DUI offenses highlights the gravity with which the state treats high BAC incidents. The possibility of jail time reflects the increased likelihood of accidents and fatalities associated with higher blood alcohol levels, providing a strong incentive for compliance with driving laws.

Aggravating Factors

Certain factors can lead to enhanced penalties for underage DUI, including:

• Having a prior DUI conviction
• Involvement in an accident while driving under the influence
• Reckless driving or speeding while under the influence
• Driving with passengers under 14 years old

These factors can result in longer license suspensions, higher fines, and even potential jail time.

Legal Defense to Underage DUI

Being arrested does not mean you are automatically guilty. There are many potential defenses to an underage DUI charge, and the right strategy depends on the facts of your case. At Braden & Tucci, we carefully examine every detail of your arrest to identify weaknesses in the prosecution’s case.

Some common legal defenses include:

• Unlawful Traffic Stop: Police must have a valid legal reason to pull you over. If the officer lacked reasonable suspicion or probable cause, evidence gathered after the stop could be suppressed.
• Inaccurate Breath or Blood Test: Breathalyzers and blood test equipment must be properly calibrated and used correctly. Errors, contamination, or improper procedures can make results unreliable.
• Rising BAC Defense: Your BAC may have been below the legal limit while driving but rose by the time you were tested. This is especially relevant in cases involving small amounts of alcohol.
• Improper Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by medical conditions, nerves, or poor instructions from the officer.
• Violation of Rights: If law enforcement failed to properly advise you of your rights or conducted an illegal search, critical evidence may be excluded.

Our Orange County underage DUI lawyer will use these and other legal strategies to pursue reduced charges, a dismissal, or an alternative resolution such as diversion or education programs.

Underage DUI FAQs

Is underage DUI a misdemeanor in California?

It depends on the charge. Some underage DUI offenses are infractions or administrative violations, while others can be misdemeanors if the BAC is higher or other factors are involved.

Will my license be suspended for an underage DUI?

Yes, in many cases. California’s zero-tolerance law can result in a one-year license suspension for drivers under 21, even for a BAC of 0.01% or higher.

Can I go to jail for an underage DUI?

Jail time is possible in more serious cases, especially if the BAC is 0.08% or higher, if there is a prior DUI, or if an accident or injuries occurred.

Can an underage DUI be expunged?

In many cases, yes. Once you complete all court requirements, you may be eligible to have your record expunged. An Orange County underage DUI lawyer can help you understand this process.

What should I do after an underage DUI arrest?

Do not delay. Contact a qualified attorney as soon as possible to protect your rights and avoid missing important deadlines.

Why You Need Our Underage DUI Attorney in Orange County

If you’re facing underage DUI charges, it’s important to know that you have options. Our Orange County underage DUI attorneys at Braden & Tucci can help you explore several potential defenses to help you fight the charges, including:

• Improper traffic stop: Law enforcement must have a valid reason to pull you over. If the stop was unlawful, any evidence collected, including BAC test results, may be inadmissible in court.
• Inaccurate BAC test: Breathalyzer and blood tests are not always accurate. Equipment malfunctions, improper calibration, or errors by law enforcement officers can result in false readings.
• Lack of probable cause: If the officer did not have probable cause to believe you were under the influence, your attorney may argue that the arrest was not justified.
• Rising BAC defense: Sometimes, alcohol takes time to absorb into the bloodstream. If your BAC was below the legal limit when you were driving but increased by the time of the test, this could be a valid defense.

When you contact our team at Braden & Tucci, we will work to protect your rights, challenge the prosecution’s evidence, and build a defense strategy that seeks to minimize the penalties or dismiss the charges altogether.

Contact our Orange County underage DUI lawyers today at (949) 996-0170 or send us a message online to learn more.