
Orange County Underage DUI Lawyers
Fighting For Those Who Are Facing DUI Charges as a Driver Under the Age of 21 in California
Facing an underage DUI charge can be a very overwhelming experience, with significant legal, personal, and academic consequences. At Braden & Tucci, we understand the unique challenges young individuals and their families face in these situations. Our Orange County underage DUI attorneys are committed to providing compassionate guidance and aggressive representation to protect your rights, minimize the impact of the charges, and help you navigate the complexities of California's DUI laws.
If you are facing underage DUI charges in California, call Braden & Tucci today at (949) 996-0170 or contact us online to get started on your defense with our underage DUI attorney in Orange County.
Understanding Underage DUIs in California
In California, it is illegal for individuals under the age of 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher. This is much stricter than the 0.08% limit for drivers aged 21 and older. Even a small trace of alcohol detected by a breathalyzer or chemical test can result in an arrest and DUI charges.
An underage DUI conviction can have serious, long-term consequences, including a criminal record, increased insurance rates, difficulty getting a job, and loss of driving privileges. If you or a loved one is facing underage DUI charges, contact our underage DUI attorneys in Orange County today.


Under 21 DUI Laws in California
California Vehicle Code § 23136
Blood Alcohol Concentration of .01 or greater; implied consent to testing; failure to submit to for complete testing
- Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
- A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
- Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
- The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
- The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
California Vehicle Code § 23140
Persons under 21 years of age; blood alcohol concentration of .05 or more
- It is unlawful for a person under the age of 21 years who has .05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
- A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of .05 percent or more, by weight, of alcohol in his or her blood.
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.
FAQ: Underage DUI
What are common defenses against underage DUI charges?
Defenses against underage DUI charges can vary but often include challenging the validity of the BAC test results due to equipment malfunction or improper administration. Another possible defense involves questioning the legality of the traffic stop—if the stop lacked probable cause, any evidence gathered may be deemed inadmissible. It's also possible to argue that the symptoms of intoxication were due to other factors, such as fatigue or a medical condition. Consulting with a knowledgeable attorney can identify which defenses may be appropriate for your situation.
How can an underage DUI affect my future?
Having an underage DUI on your record can profoundly impact your future. It can lead to increased auto insurance premiums and potential job application rejections since many employers conduct background checks. Additionally, educational institutions may take disciplinary action that could affect scholarship opportunities or participation in campus activities. Legal guidance is critical to understanding and mitigating these far-reaching consequences, possibly leading to alternative resolutions such as programs that may remove the charge from your record.
Are there diversion programs available for underage DUI offenders?
Yes, in certain cases, diversion programs may be available for underage DUI offenders in Orange County. These programs can offer a rehabilitative approach, focusing on education and prevention to reduce future offenses. Participation typically involves attending alcohol education classes, community service, or counseling sessions. Successfully completing a diversion program can sometimes lead to reduced penalties or even dismissal of charges, though this outcome depends on the specifics of the case and the discretion of the court.
What is the process after being charged with an underage DUI?
After being charged with an underage DUI, the legal process usually starts with an arraignment, where the defendant is formally charged and enters a plea. This is followed by pre-trial hearings where evidence is presented and possibly challenged. If the case goes to trial, both sides present their arguments before a judge or jury. An attorney will be crucial during this process to ensure that the defendant's rights are upheld and that the defense strategy is executed effectively. Throughout this ordeal, communication with a qualified attorney is essential to navigate each stage appropriately.
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.

We help you move forward
-
“Mr. Tucci is an aggressive bulldog attorney that you want representing you!”
- Bree R. -
“Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”
- Less F. -
“Thanks to Vincent Tucci, my son’s warrant was quashed, his two charges dismissed, and my son never had to appear in California!”
- Paula H.
What sets us apart:
-
Zealous, Individualized Representation for Your Case
-
Proven Successes in Trial, in Court & with the DMV
-
Certified in Alcohol Screening & Field Sobriety Testing
-
Southern California’s Most Respected DUI Attorney
-
Former President of the CA DUI Lawyers Association
-
Southern California’s Most Aggressive and Successful DUI Attorney
Contact Us for a Consultation
We Know What You're Facing. We Know How To Win.