Irvine Underage DUI Lawyer

What is Considered an Underage DUI in California?

In California, the legal drinking age is 21. As such, the state enforces strict zero-tolerance DUI laws for drivers under that age. There are several types of underage DUI charges a person can face:

Vehicle Code § 23136: Zero Tolerance Law

Under this section, any driver under 21 who has a blood alcohol concentration (BAC) of 0.01% or higher can be charged with an underage DUI. This is an administrative offense handled by the Department of Motor Vehicles (DMV) and can result in an automatic one-year license suspension, even if it’s a first offense.

Vehicle Code § 23140: Underage DUI with BAC of 0.05% to 0.07%

If a person under 21 operates a vehicle with a BAC of 0.05% or more, but under the adult legal limit of 0.08%, they can be charged with an infraction. While not a misdemeanor or felony, this charge still carries serious penalties and can appear on a permanent driving record.

Vehicle Code § 23152: Standard DUI (BAC of 0.08% or Signs of Impairment)

If an underage driver is found with a BAC of 0.08% or more, or shows signs of being under the influence of drugs or alcohol regardless of BAC level, they may be charged under California’s standard DUI law. This is typically charged as a misdemeanor but carries criminal penalties.

Additionally, underage drivers can face charges for possession of alcohol in a vehicle (Vehicle Code § 23224), which can lead to further penalties if convicted.

California Underage DUI Penalties

Even a single underage DUI can result in significant legal and administrative consequences in California. Here are some of the possible penalties:

For a Zero Tolerance Violation (BAC 0.01% or More):

• One-year driver’s license suspension
• Mandatory attendance in an alcohol education program
• Possible community service hours
• Increased insurance premiums

For an Infraction (BAC 0.05% – 0.07%):

• Fines up to $100 (plus assessments)
• Mandatory alcohol education program (3 months minimum)
• Driver’s license suspension (one year)
• Possible vehicle impoundment

For a Misdemeanor DUI (BAC 0.08% or Higher or Drug Impairment):

• Fines ranging from $390 to over $1,000
• Up to 6 months in jail
• Probation (3 to 5 years)
• Mandatory DUI school
• Driver’s license suspension or revocation
• Installation of an ignition interlock device (IID)

In addition to these penalties, an underage DUI conviction can have collateral consequences such as:

• Disqualification from college scholarships or student loans
• Negative impact on college admissions or military enlistment
• Future job prospects limited due to a criminal record

At Braden & Tucci, we fight to reduce or dismiss these penalties whenever possible, often seeking alternatives like diversion programs or community service in place of harsher punishment.

FAQs About Underage DUI Charges in Irvine, CA

Can I go to jail for an underage DUI in California?
Yes. If charged under the standard DUI law (Vehicle Code § 23152), an underage driver can face jail time — up to 6 months for a first offense. However, many first-time offenders may qualify for probation or alcohol education programs instead.

Will an underage DUI affect my college application?
Possibly. A misdemeanor conviction can appear on background checks, which may influence admissions decisions, scholarship opportunities, or financial aid eligibility. Our goal is to prevent that outcome through aggressive legal representation.

Can my license be suspended for a first offense?
Yes. Even a zero-tolerance DUI (BAC 0.01% or higher) can lead to a one-year license suspension through the DMV, separate from any criminal proceedings.

Should I attend the DMV hearing?
Absolutely. The DMV hearing is your chance to contest the automatic license suspension. Having an attorney represent you can significantly improve your chances of retaining your license.

Can an underage DUI be expunged?
In some cases, yes. After completing probation and fulfilling court requirements, you may petition the court to have your DUI conviction expunged, which helps minimize the impact on job and school applications. We can help you with this process.

Contact an Irvine Underage DUI Attorney Today

A DUI charge at any age is serious, but for drivers under 21, the consequences can derail a promising future. At Braden & Tucci, we are committed to defending your rights and helping you move forward with confidence. Whether it's your first offense or you're facing additional charges, our team is here to guide you through the legal process with skill and care.

Don’t face underage DUI charges alone. Call (949) 996-0170 today to speak with an experienced Irvine underage DUI attorney and schedule your free consultation.