Laguna Beach Underage DUI Attorney

What is Considered an Underage DUI in California?

California has strict “zero tolerance” laws when it comes to underage drinking and driving. While adults face DUI charges if their blood alcohol concentration (BAC) is 0.08% or higher, the standards are much lower for individuals under 21:

• BAC of 0.01% or higher: Under California Vehicle Code §23136, it is unlawful for drivers under 21 to operate a vehicle with a BAC of 0.01% or greater. This is considered a civil offense but can still result in serious penalties.
• BAC of 0.05% or higher: Under California Vehicle Code §23140, an underage driver with a BAC of 0.05% to 0.07% can be charged with an infraction.
• BAC of 0.08% or higher: If an underage driver has a BAC at or above 0.08%, they can be charged with the same DUI offense that applies to adults, which is far more severe.

Additionally, driving under the influence of drugs—whether prescription, over-the-counter, or illegal substances—can also lead to an underage DUI charge.

California Underage DUI Penalties

The consequences for an underage DUI conviction in California are strict, even for a first offense. Penalties may include:

Driver’s License Suspension:

• 1-year license suspension for a BAC of 0.01% or greater.
• Court-ordered suspension or delay in obtaining a driver’s license if the driver does not yet have one.

Fines and Fees:

• Fines ranging from $100 to $300 for a BAC of 0.05% or greater.
• Substantial court fees and administrative costs.

Mandatory DUI Education Programs:

• Court-ordered participation in an alcohol education program, usually three months in length.

Criminal Record:

• A misdemeanor conviction for a BAC of 0.05% or greater, which can affect college applications, scholarships, and employment opportunities.

Additional Consequences:

• Possible probation, community service, and increased car insurance rates.
• Long-term impact on academic, professional, and personal opportunities.

Because underage DUI laws are so strict, it is essential to have our Laguna Beach underage DUI attorney on your side to help reduce or avoid these penalties.

Underage DUI FAQs

Can I refuse a breathalyzer test if I’m under 21?

Under California’s implied consent law, if you are lawfully arrested for DUI, refusing a breath or blood test can result in an automatic 1-year license suspension, even if you are under 21.

Will an underage DUI go on my permanent record?

Yes. An underage DUI conviction can appear on your criminal record and DMV driving record. However, an attorney may be able to help reduce charges or seek expungement in the future.

What if I was just sitting in my car and not driving?

You can still be charged if prosecutors can prove you had physical control of the vehicle, even if it was not moving. An attorney can review the details to build a strong defense.

Can an underage DUI affect my college opportunities?

Yes. A conviction can affect college admissions, scholarships, and internships. That’s why it’s important to fight the charges with an experienced lawyer.

Do I need a lawyer for my first underage DUI?

Yes. Even a first offense carries serious consequences. Our Laguna Beach underage DUI attorney can help reduce penalties and protect your future.

Contact Our Laguna Beach Underage DUI Lawyer Today

If you or your child is facing an underage DUI charge in Laguna Beach, do not wait to seek legal help. At Braden & Tucci, we are committed to defending young drivers and protecting their futures. We provide aggressive, personalized representation designed to achieve the best possible results.

If your family is dealing with the uncertainty of an underage DUI charge in Laguna Beach, contact Braden & Tucci today.