Mission Viejo Underage DUI Attorney

California Underage DUI Laws & Penalties

California has some of the nation’s toughest laws regarding underage drinking and driving. Under Vehicle Code §23136, the state’s Zero Tolerance Law makes it illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher.

Zero Tolerance (Vehicle Code §23136)

This law applies even if the driver shows no signs of intoxication. A breath or blood test showing a BAC of 0.01% or greater can result in:

• One-year driver’s license suspension
• Possible fines and court fees
• Mandatory alcohol education programs

Underage DUI (Vehicle Code §23140)

A driver under 21 with a BAC of 0.05% or higher can be charged with underage DUI. Penalties may include:

• Fines up to $250
• One-year driver’s license suspension
• Mandatory DUI education program
• Potential impact on future insurance rates

Standard DUI (Vehicle Code §23152)

If an underage driver’s BAC reaches 0.08% or higher, or if they are under the influence of drugs or alcohol to the extent that it impairs their ability to drive safely, they can face adult DUI charges.

Penalties for a first-time DUI under this section may include:

• Up to six months in jail
• Fines ranging from $390 to $1,000
• License suspension
• Probation
• Mandatory alcohol treatment or education programs

Refusal to Submit to Testing

Refusing a chemical test can make the situation even worse. Under California’s implied consent law, refusal results in an automatic one-year driver’s license suspension, even for a first offense.

Consequences Beyond the Courtroom

An underage DUI conviction can affect more than just your legal record. It can also:

• Lead to college disciplinary actions or loss of scholarships
• Affect future employment opportunities, especially for jobs requiring driving
• Increase car insurance premiums or result in policy cancellation
• Create long-term stigma on background checks

For minors or college students in Mission Viejo, these penalties can derail educational goals, employment prospects, and independence. That’s why it’s crucial to have a Mission Viejo underage DUI attorney who knows how to fight for your rights and work toward the best possible outcome.

Legal Defenses to Underage DUI

Every case is different, and a skilled DUI defense attorney will examine every angle to challenge the evidence and protect your future. At Braden & Tucci, we employ a range of proven defense strategies, including:

• Challenging the Traffic Stop: Police officers must have a valid reason—known as probable cause—to pull you over. If the stop was unlawful, any evidence obtained afterward may be thrown out.
• Questioning the BAC Results: Breathalyzers and blood tests are not infallible. Improper calibration, technician error, or contamination can lead to inaccurate results. We often bring in forensic experts to dispute faulty readings.
• Arguing Improper Police Procedures: If law enforcement failed to follow protocol—for example, not properly advising you of your rights or mishandling evidence—the case may be dismissed or charges reduced.
• Rising BAC Defense: It takes time for alcohol to absorb into the bloodstream. If you were tested long after driving, your BAC may have been under the legal limit while you were actually behind the wheel.
• Mistaken Identity or Inaccurate Observation: Sometimes officers misinterpret behavior—such as fatigue, nerves, or a medical condition—as signs of intoxication. We can demonstrate that these observations were not proof of impairment.
• Negotiating for Reduced Charges: When dismissal isn’t possible, our goal is to seek reduced penalties—such as probation, community service, or participation in a diversion program—instead of harsh criminal consequences.

Underage DUI FAQs

Can I go to jail for an underage DUI in California?

In most underage DUI cases under Vehicle Code §23136 or §23140, jail time is rare. However, if you are charged under the adult DUI statute (§23152) or cause an accident or injury, jail is possible.

Will my parents be notified if I’m under 18?

Yes. If you are a minor, your parents or legal guardians will be notified of the arrest and required to be involved in court proceedings.

Can an underage DUI be expunged?

In many cases, yes. After completing all court requirements, you may be eligible to expunge your record—meaning it won’t appear on most background checks.

What happens to my license after an underage DUI?

The DMV will likely suspend your driver’s license for one year, even for a first offense. You may be able to apply for a restricted license to drive to school or work.

Should I hire an attorney for an underage DUI?

Absolutely. Even though underage DUI may seem minor compared to an adult DUI, it carries serious and lasting consequences. Our Mission Viejo underage DUI lawyer can fight to protect your record and minimize penalties.

Contact a Mission Viejo Underage DUI Lawyer Today

If you or your child has been charged with underage DUI in Mission Viejo, don’t face the system alone. The consequences of a conviction can follow you for years—but with the right legal defense, you can take control of your future.

Contact our firm to learn more about how we can help protect your child’s rights and future.