Underage DUI Charges
Oakland DUI Attorney
At The Castillo Law Office, Attorney Ernesto Castillo has a vast amount of experience handling all types of DUI cases, including underage DUI. His tenacious defense representation has earned him inclusion in the Super Lawyers® Rising Stars℠ list for 2013, and the Client Distinction Award for 2013 by Martindale-Hubbell®. He has also been featured in numerous major media outlets including NBC, CBS, ABC, CNN, the Oakland Tribune, and more.
What are the penalties for an underage DUI?
Under California's Zero Tolerance Law, it is against the law for drivers under the age of 21 to drink alcohol and operate a motor vehicle with a .01% blood alcohol concentration (BAC) or greater. That means that you can get arrested for DUI if you drive after having just one alcoholic drink.
Under VC Section 23136, notwithstanding Sections 23152 and 23153, it is against the law for a person under the age of 21 who has a BAC of .01% or greater to drive a motor vehicle. However, this section does not bar prosecution under Section 23152 or 23153, or any other provision under the law.
If you submitted to a chemical test and your BAC was .01% or greater, you face an automatic one-year driver's license suspension. If you refused, or failed to complete a preliminary alcohol screening or chemical test, your license will be suspended for one year for a first offense, or revoked for two years, for a second offense within 10 years.
Additional Penalties for Higher BAC
You face additional penalties if you have a BAC of .05% or more under VC Section 23140. If you are guilty of this offense, you face:
- Driver's license suspension for one year,
- Completion of alcohol program,
- You may be ordered to participate in a Youthful Drunk Driver Program (YDD), and
- The judge may order you to abstain from drinking any alcoholic beverages until you turn 21, and using any illegal drugs.
California DUI: Misdemeanor Offense
A violation of VC Section 23152 is a misdemeanor offense, regardless of your age, even if you are under 21.
If you are under 21 and you drive with a BAC of .08% or greater, you face the following penalties:
- Up to $1,000 in fines,
- Up to 6 months in jail,
- A minimum one-year driver's license suspension,
- A mandatory, court-approved alcohol class, and
- Vehicle impoundment up to 30 days.
Contact an Experienced Oakland DUI Lawyer
If you were arrested for an underage DUI, it's important to fight your charges! There are a number of DUI defenses, any one or more of which may apply to your case. When you are facing a host of unwanted consequences that will affect your license, your insurance, and college applications, it's critical that you engage an aggressive DUI attorney who will fight hard to get your sentencing and penalties reduced, if not dropped altogether!
Contact our Oakland DUI law firm today to schedule your free consultation with Attorney Castillo!