Orange County DUI Lawyer Blog

California has a "zero tolerance" policy when it comes to underage drinking and driving. California's underage DUI laws are among the toughest in the nation. Anyone under 21 caught driving with a BAC of even 0.01% (any measurable amount), may be charged with violation of California's Zero Tolerance Law, A civil Offense. Anyone under 21 with a BAC of 0.05% - o/07%, may be charged with violating Vehicle Code Section 23140, under 21 DUI, an infraction and or the misdemeanor charge of 23152 VC, Driving Under the Influence.

The penalties and punishments for violating the Zero Tolerance Law, if your BAC is 0.01% or greater are: 1) An automatic one-year drive's license suspension or A one-year delay of your driving privilege if you don't yet have a California driver's license. If your BAC is 0.05% - 0.07%, you face both an underage DUI (an infraction) and a regular DUI (a misdemeanor).

All under age DUI convictions will lead to a suspension of the driver's license for one year; subsequent convictions will lead to more severe penalties. Underage DUI's are subject to two separate prosecutors, the DMV, which will suspend or revoke the driver's license, and the criminal court, which will impose fines, jail time and require the driver to take alcohol and/or drug awareness classes.

If convicted of both Underage DUI and Misdemeanor DUI, you may be facing the same punishments as a first-time California DUI conviction. The penalties vary depending upon: 1) The facts of the case, and 2) Your criminal history. The sentencing possibilities are: 1) 3 to 5 years of informal probation; 2) $390 to $1,000.00 in fines; 3) Up to one year in a county jail, and 4) A mandatory court-approved alcohol class and a six month driver's license suspension.

If your son or daughter has been charged with Underage DUI, or any other juvenile offense, it is important that you seek the advise of an experienced Juvenile Criminal Defense Attorney. The rules are different in juvenile court. As an example, in juvenile court, there is no bail and no right to a jury trial. The procedures are different. At the first hearing, the court will decide whether your child will go home with you or whether he/she will stay in custody until the next court date. Having an experienced juvenile defense attorney at the first court hearing may make the difference. A good juvenile defense attorney will gather positive information about your son or daughter’s background. Report cards, achievement awards, sports awards and accomplishments can help when speaking with the District Attorney and Judge.