Zero Tolerance for Underage DUI

Lucero, PC • October 9, 2024

California has adopted a "Zero Tolerance" policy for dealing with persons under the age of 21 drinking and driving. For example, Vehicle Code section 23136 creates a civil penalty for any person under 21 years of age who drive a motor vehicle with a blood alcohol content of .01% or greater. Violating section 23136 will result in the suspension of the underaged person's driver's license for one year for the first offense. Multiple offenses result in lengthened suspensions. 


Persons under 21 years of age can be criminally prosecuted if they drive with a blood alcohol content of .05% or more. While only an infraction, any violation of the "Underage DUI" law will result in a mandatory one-year suspension of the driver's license, concomitant fines, and participation in a DUI class if the driver is over the age of 18. 


Perhaps worse, persons under the age of 21 who drink and drive can still be prosecuted for violations of the adult DUI statutes, typically subsections (a) and (b) of section 23152 of the Vehicle Code, ie, driving under the influence of alcohol and driving with a blood alcohol content of .08% or more. In short, there are numerous avenues by which a driver under the age of 21 can create problems for him or herself by drinking and driving. From civil penalties to criminal and administrative punishment, it is no laughing matter. If you are under the age of 21 and facing consequences from drinking and driving, contact our office at 213-668-7569 to get your defense started.

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